EFTA01082263.pdf

07/29/2011 14:05 FAX 5616845816 SEARCY DENNEY 21001/009 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and •. , individually, Defendant, SUPPLEMENT TO BRADLEY EDWARDS' PROFFER IN SUPPORT OF MOTION FOR LEAVE TO AMEND TO ASSERT CLAIM FOR PUNITIVE DAMAGES Bradley J. Edwards, by and through his undersigned counsel, files the attached Response to Edwards' Request for Production served June 9, 2011, and the Request which demonstrates that Epstein does not have and has never had any documentary support for his contention that EckVards had knowledge about Rothstein's commission of or attempt to commit any fraud prior to the public disclosure of Rothstein's criminal conduct. The only documents referenced in response to the request for production provide no support for any claim asserted by Epstein aga'xist Edwards. EFTA01082263 07/29/2011 14:05 FAX 5616845618 SEARCY DENNEY 11002/009 Casel No.: 502009CA040500XXXXMEAG Supplement to Bradley Edwards' Proffer in Support of Motion for Leave to Amend to Assert Claim for Punitive Damages Page 2 of 3 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Fa7 and U.S. Mail to all counsel on the attac}ledlist, is IPCIay of July, 2011. Jack ati Attorneys for Bradley J. Edwards EFTA01082264 07/29/2011 14:08 FAX 5818845818 SEARCY DENNEY 2003/009 Case No.: 502009CA0408003000MBAG Supplement to Bradley Edwards' Proffer in Support of Motion for Leave to Amend to Assert Claim for Pimitivc Damages Pag03 of 3 COUNSEL LIST Mactin Weinberg, Es wire Makin Weinber Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL Malt S. Nurik, Esquire Lavk Offices of Marc S. Nurik Joseph L. Ackerman, Jr. Esquire Fo I ler White Bume EFTA01082265 07/29/2011 14:06 FAX 5616845810 SEARCY DENNEY al 004/009 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800=MBAG ge• Judge David F. Crow JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. • SC TT ROTHSTEIN, individually and B DLEY J. EDWARDS, individually, and M, individually, Defendants/Counter-Plaintiffs. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S RESPONSE TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY J. EDWARDS' REQUEST FOR I PRODUCTION SERVED .NNE 9, 2011 Plaintiff/Counter-Defendant, Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rule 1.350, of the Florida Rules of Civil Procedure, files this his Re onse to the Request for Production from the Defendant/Counter-Plaintiff, Bradley J. Ed ands' ("Edwards"), Request for Production Served June 9, 2011, and would state as follows: II 1. Since Epstein has not be able, due in large part to the objections of Edwards to obtain all relevant documents that would reflect, suggest, or relate to Edwards' knowledge of Rothstein's conduct, it is not possible to to produce all documents responsive to this request. However, exhibits to the deposition of A.J. Discala, Dean Kretschmar, and Michael Legamaro duei fit and are responsive to this request. In addition, the documents that are exhibits to Ep ein's Motion to Use Confidential Documents are also responsive. 2. See Response to Number 1 above. 3. Undetermined at this time. FOWLER WHITEBURNETT M. • 901 PHILLIPS Porta WEST, 777 SOUTH FLAOLUt DRIVE, West PALM BEACH. FLoPJD4 33401 • ($61) 302-9044 EFTA01082266 07/29/2011 14:06 FAX 5616845816 SEARCY DENNEY 2005/009 Epstein v Rothstein, et al. CASE NO. 502009CA040800XXX MASAO Epstein's Response to Edwards' RFP Served June 9, 2011 4. Objection. Work product. See Grinnel Corp. v. Palms 2100 Ocean Boulevard Limited, 924 So 2d 887 (Fla. 4th DCA 2006). 5. Objection. Work product. See Grinnel Corp. v. Palms 2100 Ocean Boulevard Limited, 924 So 2d 887 (Fla. 4i1i DCA 2006). I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this S ajr of July, 2011 to: Jack Alan Goldberger, Esq., Atterbury, Goldberger & Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401-5012; Marc S. Nurik, Esq., Law Offices of Marc S. Nurik, One East Broward Boulevard, Suite 700, Fort Lauderdale, F1433301; Jack Scarola, Esq., Searcy Denney Scarola et al., 2139 Palm Beach Lakes Boulevard, II Drawer 3626, West Palm Beach, FL 33409; and Martin G. Weinberg, Esq., 20 Park Plaza, Suike 1000, Suffolk, MA 02116. Respectfully submitted, L.79 2:rAckerman, Jr. Fla. Bar No. FOWLER WAS07431.RESPON37-Epatiils Remonse io Unite RFP 6-0-I 41.A.docx -2 - Fowl-ER WHITE Bums-rrEl.•901PHILLIPS PONT WEST. 777 SOUTH FLAMER DRNE, WEST PALM BEACH, FLORIDA 33401- (561) S02-9044 EFTA01082267 07/29/2011 14:07 FAX 5616845816 SEARCY DENNEY 006/009 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA i CASE NO.: 502009CA0408003OCXXMBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, MeLDLEY J. EDWARDS, individually, and M., individually, Defendant(s). PLAINTIFFS' REQUEST FOR PRODUCTION TO JEFFREY EPSTEIN Defendant/Counterplaintiff, Bradley J. Edwards by and through his undersigned counsel, reqUests, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, that Plaintiff/Counterdefendant, Jeffrey Epstein, produce and permit Bradley J. Edwards to inspect and copy each of the following documents*: 1. Any and all documents* reflecting, relating to, or suggesting that Edwards bad knowledge about Rothstein's commission of or attempt to commit any fraud prior to the public distlosure of Rothstein's criminal conduct. 2. Any and all documents* which in any way support the claim or claims that Epstein is pursuing against Edwards. 3. All emails that Epstein intends to use or may use as a trial exhibit. 4. All documents* that rebuts, refutes, and/or contradicts the claims Epstein is purpuing against Edwards. EFTA01082268 07/29/2011 14:07 FAX 5616845818 SEARCY DENNEY ( 007/009 Edv/Iards adv. Epstein Ca4e No.: 502009CA040800)OOOCMBAG Request for Production to Jeffrey Epstein 5. Statements from anyone that in any way support the claims Epstein is pursuing against Edwards. "Documents" shall include, but not be limited to all non-identical copies of writings, drawings, graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from which information can be obtained, translated, if necessary, by the party to wl4m the request is directed through detection devices into reasonably usable form. "Documents" also include all electronic data as well as application metadata and system metadata. Al] inventories and rosters of your information technology (IT) systems—e.g., hardware, software and data, including but not limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones, with data storage and/or transmission features), programs, data maps and security tools and protocols. It is requested that the aforesaid production be made within thirty days of service of this request at the offices of Searcy Denney Scarola Barnhart & Shipley, E., 2139 Palm Beach Lakes Boulevard, West Palm Beach, Florida. Inspection will be made by visual observation, examination and/or copying. 2 EFTA01082269 07/29/2011 14:07 PAX 5616845816 SEARCY DENNEY liboovoo9 Echiiards adv. Epstein Cole No.: 502009CA040800XXXXMBAG Request for Production to Jeffrey Epstein I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Fait and U.S. Mail to all Counsel on the attached list, this day of June, 2011. Jack Sdarbla 3 EFTA01082270 07/29/2011 14:07 FAX 5818845818 SEARCY DENNEY gloosiooto Ed~ards adv. Epstein Case No.: 502009CA040800)OOOCMBAG Request for Production to Jeffrey Epstein COUNSEL LIST Jack A. Goldberger, Esquire At rbury, Goldberger & Weiss, . Attlome For Jeffre E. tab Farmer, Jaffe, Waissing, Edwards, Fistos & Lehrman, PL Attiome For• Jeffre E stein i • Mato S. Nurik f Joseph L. Ackerman, k ilsquire FoWler White Burnett, M. omev For: Jeffrey Epstein Martin Weinberg, gigwire Martin Weinberg, M. Attorney For: Jeffrey Epstein 4 EFTA01082271