EFTA00621816.pdf

1 1 IN THE CIRCUIT COURT, 15TH JUDICIAL CIRCUIT, IN AND FOR 2 PALM BEACH COUNTY, FLORIDA 3 CASE NO.: 562010CA000161 4 JEFFREY EPSTEIN, 5 Plaintiff, 6 vs. 7 SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, 8 And individually, 9 Defendants. * * * * * * * * * * * * * * * * * * * * * * * * 10 * 11 12 HEARING BEFORE: HONORABLE DAVID F. CROW 13 DATE TAKEN: March 31, 2011 14 TIME: 8:32 III. to 8:53 III. 15 PLACE: Palm Beach County Courthouse 205 N. Dixie Highway, Room 9C 16 West Palm Beach, Florida 33401 17 REPORTED BY: Kathleen M. Ames, RPR 18 19 20 21 22 23 24 25 ORANGE REPORTING 800.275.7991 EFTA00621816  1 APPEARANCE S: 2 JOSEPH L. ACKERMAN, JR., ESQUIRE 3 OF: FOWLER, WHITE, BURNETT, Ili. 901 Phillips Point West 4 777 S. Flagler Drive West Palm Beach, Florida 33401-6170 5 APPEARING ON BEHALF OF THE PLAINTIFF 6 JACK SCAROLA, ESQUIRE 7 OF: SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P. A. 8 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 9 APPEARING ON BEHALF OF DEFENDANT, EDWARDS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORANGE REPORTING 800.275.7991 EFTA00621817  3 1 PROCEEDINGS * * * * 2 3 THE COURT: Good morning. 4 MR. SCAROLA: Good morning, Your Honor. 5 MR. ACKERMAN: Good morning, Your Honor. 6 THE COURT: Okay. Mr. Scarola, this is 7 reconsideration on the discovery orders I entered. I've 8 read the motion. I've looked at the orders and the 9 responses that were filed and the objections that were 10 filed. What I don't have, which was included in the packet 11 and I didn't have time to go back and look for it, is the 12 actual request for the interrogatories themselves. And, 13 although I have read the Alvarez case, obviously, Judge 14 Fine's tire case, could you give me the cite again because 15 it wasn't attached to your -- 16 MR. ACKERMAN: It's 35 Florida Law Weekly D2630. 17 THE COURT: Thanks. 18 MR. SCAROLA: I have an extra copy if Your Honor 19 would like that? 20 THE COURT: That would be fine. I just remember 21 it was contrary to every ruling I've made on tire cases 22 before it came out, so. Go ahead. 23 MR. SCAROLA: Thank you, Your Honor. Your Honor, 24 the discovery issues that are the subject of this motion 25 for reconsideration arose at a time when, perhaps, the ORANGE REPORTING 800.275.7991 EFTA00621818  4 1 issues in this case had not crystallized in the Court's 2 perception as well as they should have and I don't know 3 that we presented Your Honor with the kind of information 4 necessary for you to make the decisions at the time that 5 you made them. I think that it is, hopefully, now apparent 6 to Your Honor that the claims in this case and the 7 counterclaims present two different sides of the same coin. 8 Mr. Epstein's theory of the claims against 9 Mr. Edwards, as best as I am able to perceive them based 10 upon all that has gone on up to this point in time -- 11 THE COURT: Let me ask one question right there. 12 Has there been an amended complaint filed as of yet or not 13 because there was discussion about that? 14 MR. ACKERMAN: Your Honor, I have amended and 15 taken out all the allegations -- 16 THE COURT: I just want to know, has there been 17 an amended complaint filed? 18 MR. ACKERMAN: No, but I have amended the present 19 complaint. 20 MR. SCAROLA: There has been an amendment to the 21 complaint filed. 22 THE COURT: I really don't like that. It makes 23 it almost impossible to figure out what the allegations 24 are. 25 MR. ACKERMAN: Well, basically, we deleted ORANGE REPORTING 800.275.7991 EFTA00621819  5 1 allegations. 2 THE COURT: Okay. Well, I thought I -- well, 3 never mind. Go ahead. 4 MR. SCAROLA: What Your Honor will see, when you 5 have a chance to take a look at that amendment to the 6 complaint, is that there has been an effort to try to 7 remove from the complaint any assertion that Mr. Epstein 8 was not guilty of the underlying crimes and torts that 9 resulted in his criminal prosecution and the civil claims 10 against him. However, in spite of that effort - because 11 what they have attempted to state, as they describe it in a 12 very recent submission to Your Honor, the case management 13 report - is an abuse of process claim against Mr. Edwards. 14 And the theory of the abuse of process claim is that 15 Mr. Epstein is an innocent man who was falsely targeted as 16 a serial pedophile who openly victimized young children in 17 the presence of his high profile friends. Falsely 18 targeted, with those allegations, for the sole purpose of 19 attempting to enhance the marketability of Ponzi scheme 20 interests in those claims. That's the Plaintiff's theory. 21 Still hasn't been able to articulate how he is damaged by 22 that because it's not a defamation claim because the last 23 thing they want to do is put Mr. Epstein's reputation in 24 contention in this litigation but that's what they claim. 25 Mr. Edwards' theory of this case is that Mr. Epstein ORANGE REPORTING 800.275.7991 EFTA00621820 1 was and is an incorrigible pedophile who victimized scores 2 of children internationally and openly in the presence of 3 his high profile friends. And that among the victims of 4 his RICO activities, because in the underlying case there 5 were RICO claims, among the victims of his RICO activities 6 were the particular individuals that Mr. Edwards was 7 representing before he ever joined the Rothstein Law Firm. 8 And that all of his efforts to investigate and prosecute 9 those underlying claims were good faith efforts conducted 10 in total ignorance of anything that was going on, as far as 11 Mr. Rothstein was concerned. And that the sole purpose of 12 the lawsuit filed against Mr. Edwards and one of his 13 clients, while those cases were still pending, was to 14 intimidate Mr. Edwards to abandon his very vigorous 15 investigation and prosecution of those claims. 16 So whether we look at it from the perspective of the 17 Plaintiff's theory of the case or whether we look at it 18 from the perspective of the Defendant's theory of the case, 19 what Mr. Edwards -- excuse me -- what Mr. Epstein was, in 20 fact, doing is relevant and material. Clearly it's 21 relevant and material from the counterclaim perspective 22 because we allege a motive to cover-up an extensive pattern 23 of international crime. That's why he's trying to scare 24 Mr. Edwards off, intimidating him through this abusive 25 process because he doesn't want the details of his ORANGE REPORTING 800.275.7991 EFTA00621821  7 1 international crimes disclosed. 2 The discovery that has been posed, and to this point 3 denied to us, is discovery that is directly targeted at 4 making the determination as to whether Mr. Epstein was, in 5 fact, engaged in the kind of conduct that we were 6 investigating. 7 We have, through continued and ongoing investigation, 8 a good faith belief that has been substantially reinforced 9 since the time that Mr. Edwards was conducting his 10 investigation, that Mr. Epstein is, in fact, everything 11 that Mr. Edwards believed him to be and we're entitled to 12 continue to pursue that both in defense of the claims that 13 have been made against us and in prosecution of the 14 counterclaim. 15 Now -- 16 THE COURT: I need you to -- III really -- 17 MR. SCAROLA: Okay. I'll wrap it up just this 18 one way. 19 THE COURT: One more question. 20 MR. SCAROLA: Yes, sir. 21 THE COURT: That is, has to do with some of the 22 objections that he made were, in fact, based upon the Fifth 23 Amendment? 24 MR. SCAROLA: Absolutely, and I want to address 25 that. ORANGE REPORTING 800.275.7991 EFTA00621822  8 1 THE COURT: Okay. 2 MR. SCAROLA: That's the one last point I want to 3 make. 4 THE COURT: Okay. 5 MR. SCAROLA: There very well may be and probably 6 is a legitimate Fifth Amendment basis. What I argued to 7 Your Honor previously, and what I urge you to consider now 8 is, you need to make a determination as to whether there is 9 any other basis besides the Fifth Amendment to object to 10 this discovery. If it is not discoverable for reasons 11 independent of the Fifth Amendment, that has substantial 12 consequences, as far as the sword/shield doctrine is 13 concerned. 14 But if the only protection that Mr. Epstein has, and I 15 suggest that it is, if it hasn't been waived, and that's an 16 issue that we're going to address separately, if the only 17 protection that he has is Fifth Amendment protection, then 18 I have argued to Your Honor and will argue again that he 19 cannot prosecute his claim on the basis of the theory that 20 I have described while continuing to assert his Fifth 21 Amendment privilege. So you need to address that issue. 22 You need to separate out Fifth Amendment objections from 23 other objections and that's the primary purpose of what III 24 asking Your Honor to do today. Thank you, sir. 25 THE COURT: Thank you. Yes, sir. You can stay ORANGE REPORTING 800.275.7991 EFTA00621823  9 1 there, if it's more comfortable. You don't have to move. 2 Whatever is comfortable. 3 MR. ACKERMAN: Okay. Your Honor, first of all, I 4 would like to give the Court two things. One is the 5 Flagler -- the Cline versus Flagler sales clerk case, 6 207 So.2d 709. And also the present, as of today, docket 7 sheet for Alvarez vs. Cooper Tire. And I've given 8 Mr. Scarola a copy of these and I checked one of the head 9 notes as it relates to the case for the purposes of my 10 argument. 11 The -- Mr. Scarola's characterization of our theory in 12 the case management report and our theory in this case is 13 not accurate. The tort of abusive process is based on, 14 one, the claim that there is willful or intentional misuse 15 of process for some wrongful or unlawful object or ulterior 16 purpose not intended by the law. It takes place within the 17 context of those cases. The head note I've checked says 18 it's not essential to show the termination of the 19 proceeding in favor of the person against whom the process 20 was issued. 21 It's my point that there is no issue and the 22 amendments to the pleadings that we've made make it no 23 longer an issue in this case whether Mr. Epstein committed 24 or did not commit the issues for which he was sued in 25 Mr. Edwards' lawsuit. ORANGE REPORTING 800.275.7991 EFTA00621824  10 1 THE COURT: Let me just ask this question, is it 2 not a defense for abuse of process that, in fact, it was 3 for good and intended purpose, i.e. that your client was, 4 in fact, guilty? 5 MR. ACKERMAN: He needs to, to the extent that he 6 needs to be able to establish what he was doing within that 7 case at that time. What we have here, though, is the issue 8 of whether or not he's exposing his genitals. Whether, the 9 number of times he's done it. Whether Galane Maxwell was 10 present for those items. All of those are irrelevant. 11 We're going to go down a rabbit trail as it relates to 12 those. 13 In addition, on the Cooper Tire case, also, it talks 14 about evidence that's reasonably calculated to be 15 admissible. Okay. All of those things that he has asked 16 for in the discovery that I've mentioned, which the Court 17 previously sustained, will not be admitted because of, in 18 my judgment, 9404(b), the prejudicial impact will outweigh 19 whatever relevancy it has. 20 Not only that, Mr. Scarola needs to establish a 21 predicate that by showing what was being done in that case 22 on the RICO claims, which were subsequently dismissed and 23 not allowed to be prosecuted in those underlying cases, 24 he's attempting to bootstrap proof of all other victims 25 that may or may not exist, all other incidents that may or ORANGE REPORTING 800.275.7991 EFTA00621825  11 1 may not exist without showing they were available at the 2 time -- 3 THE COURT: Let me just say, your contention is 4 that your lawsuit against Mr. Edwards and, I guess, 5 Rothstein, in this case involved only the cases that 6 Edwards brought? 7 MR. ACKERMAN: Yes. 8 THE COURT: Well, then what -- but how do you 9 separate it from the fact that you're also claiming this 10 was part of a grand conspiracy in order to gain money from 11 other people? That was the purpose of this lawsuit, was to 12 gain money from other people, so how can you separate 13 those, those other claims if, in fact, that's the theory of 14 law? 15 MR. ACKERMAN: Because you have to look at what 16 they did within those lawsuits. What Mr. Scarola is trying 17 to do is go through every possible victim and ask him right 18 now whether or not he did those things. We have not placed 19 in issue, nor, is it an issue in Mr. Scarola's pleading, as 20 to whether or not we did or didn't do these things. What 21 Mr. Edwards needs to show -- 22 THE COURT: III sure you didn't mean the word 23 "we", you meant your client, right? 24 MR. ACKERMAN: Yes, III using the Royal "we" and 25 I apologize - inadvertently. But the point III trying to ORANGE REPORTING 800.275.7991 EFTA00621826  12 1 make is -- 2 MR. SCAROLA: Royal is not a good word to use in 3 these proceedings. 4 THE COURT: Go ahead. So, here's one of the 5 problems I've had from the beginning of your case, 6 Mr. Ackerman, is, the pleading that was filed, and I 7 realize that you are not the author of the original 8 pleading, to me was so amorphous that I could not, I mean, 9 I have to really sit down and almost play Carnac to figure 10 out what exactly was the theory of law there. And I wanted 11 the amended complaint. You told me you were going to be 12 filing an amended complaint. Now I understand all you have 13 done is remove certain allegations from it. 14 MR. ACKERMAN: Yes, but I need to briefly 15 interrupt. 16 THE COURT: Okay. 17 MR. ACKERMAN: The basis for telling the Court we 18 were going to amend the complaint is that we needed to get 19 discovery from the trustee, which we still have not 20 received. 21 THE COURT: We have to - you know, discovery is 22 based upon your allegations and I need to know what those 23 allegations are and what defenses may be applicable to 24 those. 25 MR. ACKERMAN: The allegations are based on -- ORANGE REPORTING 800.275.7991 EFTA00621827  13 1 THE COURT: You keep telling me that but I 2 haven't -- see, i don't like this. And I don't mean this 3 as, it's not a criticism of you or anything else, I have 4 done this in other cases, I do not allow amendments to 5 pleadings when they're thirty pages long. Because to try 6 to figure out what the allegations are and aren't - I want 7 a single document that we can go to trial on. A complaint, 8 an answer, a counterclaim, and an answer to the 9 counterclaim. I don't want all of these things out there 10 that I have to put together in a folder this thick to 11 figure out what, in fact, is being claimed and then go back 12 to the complaint and, well, this is no longer in and this 13 is in and that is not in and I thought that's where we were 14 headed with this. 15 MR. ACKERMAN: Well, we are but the reason that 16 it occurred was that previously told the Court that we 17 intended to amend but the best time to do that is when we 18 have completed some of this other discovery. However, 19 because of these ongoing issues where Mr. Scarola keeps 20 pointing to the present complaint, that we have placed in 21 issue whether or not he did or did not do these acts with 22 other people or within the context of those cases I moved 23 to amend by taking out paragraphs that suggested that those 24 were issues. I thought that was the simplest way of doing 25 it. III happy to amend to redo it. I wasn't ORANGE REPORTING 800.275.7991 EFTA00621828  14 1 aware -- 2 THE COURT: Do you have a copy of what you've 3 done with you, by chance? 4 MR. ACKERMAN: No, Your Honor. But I can submit 5 it or, at this point before the Court rules, if it makes it 6 easier, but I would ask for leave to amend to file it 7 without those paragraphs. Because I thought at that time 8 just by removing the paragraphs we would be taking out 9 those matters that Mr. Scarola now claims are an issue. 10 THE COURT: Okay. All we have in the pleadings 11 right now is your original complaint and then an amendment 12 of taking things out? 13 MR. ACKERMAN: Correct. 14 MR. SCAROLA: May I provide the Court with both 15 of those? 16 THE COURT: Yes, please. 17 MR. ACKERMAN: Thank you. 18 THE COURT: I do have to move on so go ahead and 19 give me your last. 20 MR. ACKERMAN: Your Honor, in regard to 21 Mr. Scarola's argument on sword and shield, okay. With 22 regard to the Fifth Amendment, Mr. Scarola has this 23 argument that he believes that the Fifth -- the sword and 24 shield doctrine, which we argued previously in the motion 25 for summary judgment, Mr. Epstein has not taken the Fifth ORANGE REPORTING 800.275.7991 EFTA00621829  15 1 Amendment on issues with regard to our claim. Mr. Scarola 2 wants to put those in issue, those Fifth Amendment type of 3 claims in his counterclaim, which we would be entitled as a 4 defense, a legitimate defense, to assert the Fifth Amendment because we're not asking for affirmative relief 6 in that counterclaim. So to be involved at this point with 7 the sword and shield doctrine would not be appropriate. 8 So what I would ask the Court to do is to go over and 9 look at the requests that they've made. And the requests 10 are flagrant, they're outrageous. They have nothing to do 11 with an abuse of process claim. The issue with regard to 12 abuse of process is what was done and why within the 13 context of that case. Okay. Mr. Edwards can say we 14 believe that he was doing this, this is why we're doing it. 15 The ultimate issue of whether he did it or didn't do it, 16 and did it or didn't do it with all of these other people, 17 or whether Galane Maxwell was doing it is irrelevant and 18 will not lead to discoverable evidence. 19 Now, I don't think this Cooper Tire case changes 20 things except with regard to one thing. First, I gave the 21 Court the docket sheet because it's not final. It's on 22 petition for rehearing and en banc. And I ask the Court to 23 be very cautious about changing what's occurred here based 24 on the over broad language that seems to be there in that 25 case. ORANGE REPORTING 800.275.7991 EFTA00621830  16 1 Now, Judge Farmer does do a couple of things. 2 He's really talking about a piece of evidence that was in 3 the sole possession of Cooper Tire, similar tire test. In 4 this case, that's not the case. Mr. Edwards can come 5 forward and say this is what was in my possession, this is 6 what I was doing, so we don't have that factual element. 7 In addition, Judge Farmer does say what is framed by 8 the pleading is what determines what is relevant evidence. 9 And in this case I've tried to show the Court that we are 10 not putting in issue whether or not he did or didn't do 11 these within the context of these three cases or any other. 12 What we are putting into, what is -- and the case that I 13 gave you on the abuse of process says it is irrelevant and 14 immaterial what actually happened in the case brought. 15 Therefore, Mr. Scarola's argument that these are relevant 16 and will lead to other stuff is irrelevant because the 17 context of the tort is what is done within the context of 18 the litigation and why, and not what the ultimate 19 determination would or wouldn't have been. And that's why 20 I think the scope is too broad. 21 THE COURT: Okay. Thirty seconds, Mr. Scarola, 22 it's your burden. 23 MR. SCAROLA: Yes, Your Honor. Just two points 24 I want to make. Mr. Ackerman keeps talking about three 25 cases. In the context of those three cases, whether these ORANGE REPORTING 800.275.7991 EFTA00621831  17 1 were isolated events or part of a broad pattern, was 2 clearly relevant to the punitive damage claim in those 3 cases. 4 Secondly, there were RICO claims asserted against 5 Mr. Epstein by Mr. Edwards. Whether these were isolated 6 single incidences or part of a broad international criminal 7 scheme in which others were participants was clearly 8 relevant and material. This discovery goes directly to the 9 heart of the claim that has been brought against 10 Mr. Edwards by Mr. Epstein. Thank you, Your Honor. 11 THE COURT: Okay. going to have to take a 12 look at this, obviously, and get you an order out here 13 shortly. 14 MR. ACKERMAN: Do you need a blank order? 15 THE COURT: Yes, I do need a blank order and 16 envelopes, please. 17 (Court adjourned 8:52 III.) 18 19 20 21 22 23 24 25 ORANGE REPORTING 800.275.7991 EFTA00621832  18 1 CERTIFICATE 2 3 I, Kathleen M. Ames, RPR, Notary Public, State of 4 Florida, was authorized to and did stenographically report 5 the foregoing proceedings; and that the transcript, pages 3 6 through 17, is a true and accurate record of my 7 stenographic notes. 8 I further certify that I am not a relative, or employee, or attorney, or counsel of any of the parties' 10 attorney or counsel connected with the action, nor am I 11 financially interested in this action. 12 13 Dated this 1st day of April, 2011. 14 15 16 "1(caititc-t_.- LiA4 • a -w-e-A--- 17 18 19 KATHLEEN M. AMES, RPR 20 21 22 23 24 25 ORANGE REPORTING 800.275.7991 EFTA00621833  WORD INDEX 24 12:6, 14, 17, 25 attached 3:15 25 17:3 13:15 14:4, 13, 17, attempted 5:11 cautious 15:23 < 1> 20 16:24 17:14 attempting 5:19 certain 12:13 15TH 1:1 action 18:10, 11 10:24 CERTIFICATE 18:1 17 18:6 activities 6:4, 5 attorney 18:9, 10 certify 18:8 1st 18:13 acts 13:21 author 12:7 chance 5:5 14:3 actual 3:12 authorized 18:4 changes 15:19 <2> addition 10:13 16:7 available 11:1 changing 15:23 2011 1:13 18:13 address 7:24 8:16, aware 14:1 characterization 205 1:15 21 9:11 207 9:6 adjourned 17:17 <B> checked 9:8, 17 2139 2:8 admissible 10:15 back 3:11 13:11 children 5:16 6:2 admitted 10:17 banc 15:22 CIRCUIT 1:1, 1 <3> affirmative 15:5 BARNHART 2:7 cite 3:14 3 18:5 ahead 3:22 5:3 based 4:9 7:22 civil 5:9 31 1:13 12:4 14:18 9:13 12:22, 25 claim 5:13, 14, 2Z 32 1:14 allegations 4:15, 23 15:23 24 8:19 9:14 15:1, 33401 1:16 2:4 5:1, 18 12:13, 22, basically 4:25 11 17:2, 9 33409 2:8 23, 25 13:6 basis 8:6, 9, 19 claimed 13:11 35 3:16 allege 6:22 12:17 claiming 11:9 allow 13:4 BEACH 1:2 15, 16 claims 4:6, 8 5:9, < 5> allowed 10:23 2:4, 8, 8 20 6:5, 9, 15 7:12 52 17:17 Alvarez 3:13 9:7 beginning 12:5 10:22 11:13 14:9 53 1:14 amend 12:18 13:17, BEHALF 2:5, 9 15:3 17:4 562010CA000161 23, 25 14:6 belief 7:8 Clearly 6:20 17:2, 7 1:3 amended 4:12, 14, believe 15:14 clerk 9:5 17, 18 12:11, 12 believed 7:11 client 10:3 11:23 < 6> amendment 4:20 believes 14:23 clients 6:13 6170 2:4 5:5 7:23 8:6, 9, 11, best 4:9 13:17 Cline 9:5 17, 21, 22 14:11, 22 blank 17:14, 15 coin 4:7 <7> 15:1, 2, 5 bootstrap 10:24 come 16:4 709 9:6 amendments 9:22 Boulevard 2:8 comfortable 9:1, 2 777 2:4 13:4 BRADLEY 1:7 commit 9:24 Ames 1:17 18:3, 19 briefly 12:14 committed 9:23 < 8> amorphous 12:8 broad 15:24 16:20 complaint 4:12, 17, 8 1:14, 14 17:17 answer 13:8, 8 17:1, 6 19, 21 5:6, 7 12:11, apologize 11:25 brought 11:6 16:14 12, 18 13:7, 12, 20 <9> apparent 4:5 17:9 14:11 901 2:3 APPEARING 2:5, 9 burden 16:22 completed 13:18 9404 10:18 applicable 12:23 BURNETT 2:3 concerned 6:11 9C 1:15 appropriate 15:7 8:13 April 18:13 <C> conduct 7:5 < > argue 8:18 calculated 10:14 conducted 6:9 1:14, 14 17:17 argued 8:6, 18 Carnac 12:9 conducting 7:9 abandon 6:14 14:24 CASE 1:3 3:13, 14 connected 18:10 able 4:9 5:21 10:6 argument 9:10 4:1, 6 5:12, 25 6:4, consequences 8:12 Absolutely 7:24 14:21, 23 16:15 17, 18 9:5, 9, 12, 12, consider 8:7 abuse 5:13, 14 arose 3:25 23 10:7, 13, 21 conspiracy 11:10 10:2 15:11, 12 articulate 5:21 11:5 12:5 15:13, contention 5:24 16:13 asked 10:15 19, 25 16:4, 4, 9, 12, 11:3 abusive 6:24 9:13 asking 8:24 15:5 14 context 9:17 13:22 accurate 9:13 18:6 assert 8:20 15:4 cases 3:21 6:13 15:13 16:11, 17, 17, ACKERMAN 2:2 asserted 17:4 9:17 10:23 11:5 25 3:5, 16 4:14, 18, 25 assertion 5:7 13:4, 22 16:11, 25, continue 7:12 9:3 10:5 11:7, 15, ORANGE REPORTING 800.275.7991 EFTA00621834  2 continued 7:7 determination 7:4 exist 10:25 11:1 going 6:10 8:16 continuing 8:20 8:8 16:19 exposing 10:8 10:11 12:11, 18 contrary 3:21 determines 16:8 extensive 6:22 17:11 Cooper 9:7 10:13 different 4:7 extent 10:5 Good 3:3, 4, 5 6:9 15:19 16:3 directly 7:3 17:8 extra 3:18 7:8 10:3 12:2 copy 3:18 9:8 14:2 disclosed 7:1 grand 11:10 Correct 14:13 discoverable 8:10 <F> guess 11:4 counsel 18:9, 10 15:18 fact 6:20 7:5, 10, guilty 5:8 10:4 counterclaim 6:21 discovery 3:7, 24 22 10:2, 4 11:9, 13 7:14 13:8, 9 15:3, 6 7:2, 3 8:10 10:16 13:11 <H> counterclaims 4:7 12:19, 2/ 13:18 factual 16:6 happened 16:14 COUNTY 12 /5 17:8 faith 6:9 7:8 happy 13:25 couple 16:1 discussion 4:13 falsely 5:15, 17 head 9:8, 17 COURT 1:1 3:3, 6, dismissed 10:22 far 6:10 8:12 headed 13:14 17, 20 4:11, 16, 22 Dixie 1:15 Farmer 16:1, 7 HEARING 1:12 5:2 7:16, 19, 21 docket 9:6 15:21 favor 9:19 heart 17:9 8:1, 4, 25 9:4 10:1, doctrine 8:12 Fifth 7:22 8:6, 9, high 5:17 6:3 16 11:3, 8, 22 12:4, 14:24 15:7 11, 17, 20, 22 14:22, Highway 1:15 16, 17, 21 13:1, 16 document 13:7 23, 25 15:2, 4 Honor 3:4, 5, 18, 23, 14:2, 5, 10, 14, 16, doing 6:20 10:6 figure 4:23 12:9 23 4:3, 6, 14 5:4, 18 15:8, 21, 22 13:24 15:14, 14, 17 13:6, 11 12 8:7, 18, 24 9:3 16:9, 21 17:11, 15, 16:6 file 14:6 14:4, 20 16:23 17 Drive 2:4 filed 3:9, 10 4:12, 17:10 Courthouse 1:15 17, 21 6:12 12:6 HONORABLE 1:12 Court's 4:1 <E> filing 12:12 hopefully 4:5 cover 6:22 easier 14:6 final 15:21 crime 6:23 EDWARDS 1:7 2:9 financially 18:11 <I> crimes 5:8 7:1 4:9 5:13, 25 6:6, fine 3:20 e 10:3 criminal 5:9 17:6 12, 14, 19, 24 7:9, Fine's 3:14 gnorance 6:10 criticism 13:3 11 9:25 11:4, 6, 21 Firm 6:7 mmaterial 16:14 CROW 1:12 15:13 16:4 17:5, 10 first 9:3 15:20 mpact 10:18 crystallized 4:1 effort 5:6, 10 Fiagler 2:4 9:5, 5 mpossible 4:23 efforts 6:8, 9 flagrant 15:10 nadvertently 11:25 <D> element 16:6 FLORIDA 1:2, 16 incidences 17:6 D2630 3:16 employee 18:9 2:4, 8 3:16 18:4 incidents 10:25 damage 17:2 en 15:22 folder 13:10 included 3:10 damaged 5:21 engaged 7:5 foregoing 18:5 incorrigible 6:1 DATE 1:13 enhance 5:19 forward 16:5 independent 8:11 Dated 18:13 entered 3:7 FOWLER 2:3 individually 1:7, 7, 8 DAVID 1:12 entitled 7:11 15:3 framed 16:7 individuals 6:6 day 18:13 envelopes 17:16 friends 5:17 6:3 information 4:3 decisions 4:4 EPSTEIN 1:4 5:7, further 18:8 innocent 5:15 defamation 5:22 15, 25 6:19 7:4, 10 Intended 9:16 10:3 DEFENDANT 2:9 8:14 9:23 14:25 <G> 13:17 Defendants 1:9 17:5, 10 gain 11:10, 12 Intentional 9:14 Defendant's 6:18 Epstein's 4:8 5:23 Galane 10:9 15:17 interested 18:11 defense 7:12 10:2 ESQUIRE 2:2, 6 genitals 10:8 interests 5:20 15:4, 4 essential 9:18 give 3:14 9:4 international 6:23 defenses 12:23 establish 10:6, 20 14:19 7:1 17:6 deleted 4:25 events 17:1 given 9:7 internationally 6:2 denied 7:3 evidence 10:14 go 3:11, 22 5:3 interrogatories 3:12 DENNEY 2:7 15:18 16:2, 8 10:11 11:17 12:4 interrupt 12:15 describe 5:11 exactly 12:10 13:7, 11 14:18 15:8 intimidate 6:14 described 8:20 excuse 6:19 goes 17:8 Intimidating 6:24 details 6:25 ORANGE REPORTING 800.275.7991 EFTA00621835  3 investigate 6:8 look 3:11 5:5 6:16, 12:16 14:10, 21 possible 11:17 investigating 7:6 17 11:15 15:9 15:13 16:21 17:11 predicate 10:21 investigation 6:15 17:12 ongoing 7:7 13:19 prejudicial 10:18 7:7, 10 looked 3:8 openly 5:16 6:2 presence 5:17 6:2 involved 11:5 15:6 order 11:10 17:12, present 4:7, 18 9:6 Irrelevant 10:10 <M> 14, 15 10:10 13:20 15:17 16:13, 16 making 7:4 orders 3:7, 8 presented 4:3 isolated 17:1, 5 man 5:15 original 12:7 14:11 previously 8:7 Issue 8:16, 21 9:21, management 5:12 outrageous 15:10 10:17 13:16 14:24 23 10:7 11:/9, /9 9:12 outweigh 10:18 primary 8:23 13:21 14:9 15:2, March 1:13 privilege 8:21 11, 15 16:10 marketability 5:19 probably 8:5 Issued 9:20 material 6:20, 21 2:3 problems 12:5 Issues 3:24 4:1 17:8 packet 3:10 proceeding 9:19 9:24 13:19, 24 15:1 matters 14:9 pages 13:5 18:5 proceedings 12:3 Items 10:10 Maxwell 10:9 15:17 PALM 1:2, 15, 16 18:5 mean 11:22 12:8 2:4, 8, 8 process 5:13, 14 <j > 13:2 paragraphs 13:23 6:25 9:13, 15, 19 JACK 2:6 meant 11:23 14:7, 8 10:2 15:11, 12 JEFFREY 1:4 mentioned 10:16 part 11:10 17:1, 6 16:13 Joined 6:7 mind 5:3 participants 17:7 profile 5:17 6:3 JOSEPH 2:2 misuse 9:14 particular 6:6 proof 10:24 JR 2:2 money 11:10, 12 parties 18:9 prosecute 6:8 8:19 Judge 3:13 16:1, 7 morning 3:3, 4, 5 pattern 6:22 17:1 prosecuted 10:23 judgment 10:18 motion 3:8, 24 pedophile 5:16 6:1 prosecution 5:9 14:25 14:24 pending 6:13 6:15 7:13 JUDICIAL 1:1 motive 6:22 people 11:11, 12 protection 8:14, 17, move 9:1 14:18 13:22 15:16 17 <K> moved 13:22 perceive 4:9 provide 14:14 Kathleen 1:17 18:3, perception 4:2 Public 18:3 19 <N> person 9:19 punitive 17:2 keep 13:1 necessary 4:4 perspective 6:16, purpose 5:18 6:11 keeps 13:19 16:24 need 7:16 8:8, 21, 18, 21 8:23 9:16 10:3 kind 4:3 7:5 22 12:14, 22 17:14, petition 15:22 11:11 know 4:2, 16 12:21, 15 Phillips 2:3 purposes 9:9 22 needed 12:18 piece 16:2 pursue 7:12 needs 10:5, 6, 20 PLACE 1:15 9:16 put 5:23 13:10 < L> 11:21 placed 11:18 13:20 15:2 1:8 never 5:3 Plaintiff 1:5 2:5 putting 16:10, 12 Lakes 2:8 Notary 18:3 Plaintiff's 5:20 6:17 language 15:24 note 9:17 play 12:9 <Q> Law 3:16 6:7 9:16 notes 9:9 18:7 pleading 11:19 question 4:11 7:19 11:14 12:10 number 10:9 12:6, 8 16:8 10:1 lawsuit 6:12 9:25 pleadings 9:22 11:4, /1 <O> 13:5 14:10 <R> lawsuits 11:16 object 8:9 9:15 please 14:16 17:16 rabbit 10:11 lead 15:18 16:16 objections 3:9 Point 2:3 4:10 7:2 read 3:8, 13 leave 14:6 7:22 8:22, 23 8:2 9:21 11:25 realize 12:7 legitimate 8:6 15:4 obviously 3:13 14:5 15:6 really 4:22 7:16 litigation 5:24 17:12 pointing 13:20 12:9 16:2 16:18 occurred 13:16 points 16:23 reason 13:15 long 13:5 15:23 Ponzi 5:19 reasonably 10:14 longer 9:23 13:12 Okay 3:6 5:2 7:17 posed 7:2 reasons 8:10 8:1, 4 9:3 10:15 possession 16:3, 5 received 12:20 ORANGE REPORTING 800.275.7991 EFTA00621836  4 reconsideration 3:7, SCOTT 1:7 targeted 5:15, 18 urge 8:7 25 SEARCY 2:7 7:3 use 12:2 record 18:6 Secondly 17:4 telling 12:17 13:1 redo 13:25 seconds 16:21 termination 9:18 <V> regard 14:20, 22 see 5:4 13:2 test 16:3 versus 9:5 15:1, 11, 20 separate 8:22 11:9, Thank 3:23 8:24, victim 11:17 rehearing 15:22 12 25 14:17 17:10 victimized 5:16 6:1 reinforced 7:8 separately 8:16 Thanks 3:17 victims 6:3, 5 10:24 relates 9:9 10:11 serial 5:16 theory 4:8 5:14, 20, vigorous 6:14 relative 18:8 sheet 9:7 15:21 25 6:17, 18 8:19 vs 1:6 9:7 relevancy 10:19 shield 8:12 14:21, 9:11, 12 11:13 relevant 6:20, 21 24 15:7 12:10 <W> 16:8, 15 172 8 SHIPLEY 2:7 thick 13:10 waived 8:15 relief 15:5 shortly 17:13 thing 5:23 15:20 want 4:16 5:23 remember 3:20 show 9:18 11:21 things 9:4 10:15 6:25 7:24 8:2 remove 5:7 12:13 16:9 11:18, 20 13:9 13:6, 9 16:24 removing 14:8 showing 10:21 11:1 14:12 15:20 16:1 wanted 12:10 report 5:13 9:12 sides 4:7 think 4:5 15:19 wants 15:2 18:4 similar 16:3 16:20 way 7:18 13:24 REPORTED 1:17 simplest 13:24 thirty 13:5 16:21 Weekly 3:16 representing 6:7 single 13:7 17:6 thought 5:2 13:13, well 4:2, 25 5:2, 2 reputation 5:23 sir 7:20 8:24, 25 24 14:7 8:5 11:8 13:12, 15 request 3:12 sit 12:9 three 16:11, 24, 25 we're 7:11 8:16 requests 15:9, 9 So.2d 9:6 TIME 1:14 3:11, 25 10:11 15:5, 14 responses 3:9 sole 5:18 6:11 4:4, 10 7:9 10:7 West 1:16 2:3, 4, 8 resulted 5:9 16:3 11:2 13:17 14:7 we've 9:22 RICO 6:4, 5, 5 spite 5:10 times 10:9 WHITE 2:3 10:22 17:4 state 5:11 18:3 tire 3:14, 21 9:7 willful 9:14 right 4:11 11:17, stay 8:25 10:13 15:19 16:3, 3 word 11:22 12:2 23 14:// stenographic 18:7 today 8:24 9:6 wrap 7:17 Room 1:15 stenographically told 12:11 13:16 wrongful 9:15 ROTHSTEIN 1:7 18:4 tort 9:13 16:17 6:7, 11 11:5 stuff 16:16 torts 5:8 <y> Royal 11:24 12:2 subject 3:24 total 6:10 young 5:16 RPR 1:17 18:3, 19 submission 5:12 trail 10:11 rules 14:5 submit 14:4 transcript 18:5 ruling 3:21 subsequently 10:22 trial 13:7 substantial 8:11 tried 16:9 <S> substantially 7:8 true 18:6 sales 9:5 sued 9:24 trustee 12:19 says 9:17 16:13 suggest 8:15 try 5:6 13:5 scare 6:23 suggested 13:23 trying 6:23 11:16, SCAROLA 2:6, 7 summary 14:25 25 3:4, 6, 18, 23 4:20 sure 11:22 two 4:7 9:4 16:23 5:4 7:17, 20, 24 sustained 10:17 type 15:2 8:2, 5 9:8 10:20 sword 8:12 14:21, 11:16 12:2 13:19 23 15:7 <U> 14:9, 14, 22 15:1 ulterior 9:15 16:21, 23 <T> ultimate 15:15 Scarola's 9:11 take 5:5 17:11 16:18 11:19 14:21 16:15 TAKEN 1:13 4:15 underlying 5:8 6:4, scheme 5:19 17:7 14:25 9 10:23 scope 16:20 takes 9:16 understand 12:12 scores 6:1 talking 16:2, 24 unlawful 9:15 talks 10:13 ORANGE REPORTING 800.275.7991 EFTA00621837