EFTA00808132.pdf

Case 09-34791-RBR Doc 6384 Filed 05/14/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION www.fisb.uscourts.gov IN RE: CASE NO.: 09-34791-RBR ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER 11 Debtor. INTERVENORS L.M., E.W.. AND JANE DOE'S LIST OF REOUESTED RELIEF SOUGHT IN THIS CASE Intervenors L.M., E.W., and "Jane Doe" (hereinafter "the Victims"), proceeding pseudonymously, having previously been allowed to intervene in this action, and having participated in the Court's hearing on April 13, 2018, now file this list of requested relief. In the April 13, 2018, hearing, the Court directed the Victims to file — separately and on their own behalves — a list of the requested relief they are seeking in this case. The Victims now file that list. The victims seek the following relief: I. Fowler White and Epstein (including all of Epstein's past and present legal counsel) will provide to the Victims' counsel, within seven days of the Court's order, a listing of all persons or entities to whom the subject documents (or any information derived from the contents of the subject documents) have been viewed or distributed, as well as a certification that they have asked for return of the subject materials. 2. A letter written and signed by both Fowler White and Jeffrey Epstein, and sent to all persons known or suspected to have reviewed or obtained any copies of the documents at issue, to the following effect: "To Whom It May Concern: Certain Documents with which you were provided were impermissibly retained by the undersigned in violation of an order from U.S. I EFTA00808132  Case 09-34791-RBR Doc 6384 Filed 05/14/18 Page 2 of 6 Bankruptcy Judge Raymond B. Ray of the Bankruptcy Court for the Southern District of Florida. See DE 1194, In Re: Rothstein Rosenfeld: Adler, P.A., No. 09-34791-RBR. If you are in possession of any of the attached documents as a consequence of a violation of the order, you are requested to promptly return it to the attorney who has provided a copy of this letter to you." Fowler White and Epstein must also provide counsel for the victims with a comprohensive list of persons who are receiving this letter. 3. Discovery regarding the distribution of the impermissible retained materials, in the form of twenty interrogatories, twenty requests for production, and twenty requests for admission, to be answered by: (1) Jeffrey Epstein; (2) any attorney, paralegal, other law firm employee or consultant, or expert witness who has been involved in the representation of Epstein in the above- captioned matter or in Epstein v. Edwards, No. 502009CA040800XXXXMBAG (Cir. Ct. of the 151h Jud. Cir. for Palm Beach County, Fla.), and in addition deposition testimony of all persons reasonably believed to have knowledge of the circumstances surrounding the copying, retention, or dissemination of the documents at issue in DE 1194, beginning with those depositions so Ordered previously by this Court in DE 6366. 4. Separate letters of apology for each of the three victims, written by Epstein and all attorneys and staff found to have played a responsible role in the unauthorized retention and release of their privileged materials. 5. A referral from this Court to appropriate disciplinary authorities, including bar authorities, for any attorney found to have apparently violated ethical obligations in connection with the improper retention and subsequent distribution of the materials at issue. 6. Monetary remedies and sanctions, payable directly to each of the three victims by Epstein, in the amount of not less than $25,000 for each of the three victims (a total of $75,000). 2 EFTA00808133  Case 09-34791-RBR Doc 6384 Filed 05/14/18 Page 3 of 6 After making payment, Epstein is permitted to seek reimbursement from any of his attorneys who may have been responsible. The remedies shall serve as liquidated damages for all the losses they have suffered as a consequence of the release of the materials at issue. 7. On order to show caused, directed to Fowler White and Epstein, to show cause as to why they should not be held in contempt of the Court's order [DE 1194], to be followed by an evidentiary hearing on the circumstances surrounding the violation of the victims' right of confidentiality, and a finding of civil or criminal contempt as may be appropriate, along with such additional sanctions as the Court may then find to be appropriate. 8. Reasonable attorneys' fees for the three victims for all attorney time, costs, and expenses. 9. Such other sanctions or remedies as the Court may find just and proper. CONCLUSION The Court should grant the three Victims' the relief requested above, including joinder in Farmer Jaffe's motion for sanctions and their own sanctions and other relief, for reasons as described in DE 6345 and DE 6357, as well as Farmer Jaffe's related pleadings. 3 EFTA00808134  Case 09-34791-RBR Doc 6384 Filed 05/14/18 Page 4 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically to all registered users on the CM/ECF system, which includes counsel identified on the service list below, on this 4`h day of May, 2018. I HEREBY CERTIFY that the undersigned attorney is appearing pro hac vice in this matter pursuant to court order dated May 4, 2018. Paul G. Cassell, Esq. S.J. Quinney College of Law at the University of Utah 332 S. University St. Salt Lake City, UT 84112 Telephone: (801) 585-5202 (above for address/contact purposes only, not to imply institutional endorsement) By: /s/ Paul G. Cassell Paul G. Cassell (Utah Bar No. 6078) [email protected] Pro Hac Vice -AND — I HEREBY CERTIFY that I am admitted to the Bar of the United State District Court for the Southern District of Florida and I am in compliance with the additional qualifications to practice in this court set forth in Local Rule 2090-1(A). SHAPIRO LAW 8551 West Sunrise Boulevard Suite 300 Plantation, Florida 33322 Telephone: (954) 315-1157 By: Is/ Peter E. Shapiro Peter E. Shapiro (FBN 615551) pshapiro @shapirolawpa.com Attorneysfor Intervenors L.M., E.W., and Jane Doe 4 EFTA00808135  Case 09-34791-R BR Doc 6384 Filed 05/14/18 Page 5 of 6 SERVICE LIST Bradley J. Edwards FLBN 542075 Brittany N. Henderson FLBN 118247 Edwards Pottinger LLC 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 [email protected] [email protected] Attorneysfor Fanner, Jaffe, Weissing, Edwards, Fistos & Lehman, P.L. Scott J. Link, Esq. Link &Rockenbach, P.A. Scott @linIcrocklaw.com [email protected] 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: 561-727-3600 Fax: 561-727-3601 Attorneysfor Jeffrey Epstein Jack Scarola, Esq. Florida Bar No.: 169440 David P. Vitale, Jr., Esq. Florida Bar No.: 115179 Attorney E-Mails: [email protected]; and [email protected] Primary E-Mail: [email protected] Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: 561-383-9451 Attorneysfor Bradley J. Edwards Niall T. McLachlan Carlton Fields Jorden Burt, P.A. 100 S.E. Second Street, Suite 4200 Miami, FL 33131 [email protected] Counselfor Fowler White Burnett, P.A. EFTA00808136  Case 09-34791-R BR Doc 6384 Filed 05/14/18 Page 6 of 6 Isaac M. Marcushamer Berger Singerman LLPO 1450 Brickell Avenue, Suite 1900 Miami, FL 33131 [email protected] Counselfor Litigating Trustee EFTA00808137