EFTA01082308.pdf

Espirito Santo Plaza Fowler White Burnett AT IORNEYS AT LAW Joseph L. Ackerman, Jr. VIA EMAIL AND FIRST CLASS MAIL August 11, 2011 -MN Jack Scarola, Esquire Searcy Denney Scarola et al. CSI Re: Jeffrey Epstein v. Scott Rothstein, individually, Bradley J. Edwards PBC Circuit Case No. 502009CA040800XXXXMBAG Our File No.: 80743 Dear Mr. Scarola: I am requesting an additional ten (10) days or through and including August 22, 2011 to serve the Second Amended Complaint. Enclosed is a copy of the Motion for Enlargement of Time to Serve Second Amended Complaint and Notice of Hearing for your review and consideration. I have set this motion for hearing on Judge's Crow's Uniform Motion Calendar for Thursday, August 18, 2011, at 8:45 M. This is the soonest appointment we could obtain due to Judge Crow's UMC suspensions from August 15, 2011— August 17, 2011. In an effort to resolve this matter without the need of a hearing, please advise me at your earliest opportunity if you have any objection to this motion and if you would agree to the entry of the enclosed Agreed Order. Sincerely yours, Joseph L. Ackerman, Jr. Enclosures cc: Jack Alan Goldberger, Esq. (via email & regular mail) Marc S. Nurik, Esq. (via email and regular mail) Martin Weinberg, Esq. (via email and regular mail) W:130701LEM402-Law Jack Scuola - M Enlarge ad AO re sorne-JLA doa Miami • Fort Lauderdale • West Palm Beach EFTA01082308  IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMBAG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. NOTICE OF HEARING- (UMC) PLEASE TAKE NOTICE that the undersigned has set down for hearing before the Honorable Honorable David Crow, one of the Judges of the above-styled Court, in Courtroom 9C at Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida on Thursday, August 18, 2011 at 8:45g., the following: Plaintiff/Counter-Defendant Jeffrey Epstein's Motion for Enlargement of Time to Serve His Second Amended Complaint I hereby certify that I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing. PLEASE GOVERN YOURSELVES ACCORDINGLY. In accordance with the Americans With Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact Barry Blacey, ADA Coordinator for the Courts of Palm Beach County, 205 N. Dixie Highway, West Palm Beach, Florida 33401, Telephone Number a no later than seven days prior to the proceeding. FOWLER WHITE DURNE17 I. • 90I PHILLIPS POINT WEST, 777 SOUTH FLAMM DRIVE, WEST PALM BEACH, FLORIDA 33401 • (561) 802-9044 EFTA01082309  Epstein v Rothstein, Edwards, etc. CASE NO. 502009CA040800XXXXMBAG NOH Epstein's WEnlargement to Serve Sec. Am. Complaint CERTIFICATE OF SERVICE I HERE CERTIFY that a Vg and correct copy of the foregoing has been duly furrasIsd via Email, O Facsimile, U.S. Mail, O Hand Delivery, O Federal Express this A t ay of August, 2011 to: Jack Scarola, Esq. Searcy Denney Scarola Barnhart Shipley, Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, Marc S. Nurik, Esq. Law Offices of Marc S. Nurik Martin Weinberg, Es uire Martin G. Weinber , osep L. Ackerman, Jr. Fla. Bar No. FOWLER WHITE BURNETT, •. WAS0743INOTHR029•NOH on Epstein's M-EnImpancni of Time to Save 2d Am Complairsakdocx _2 Pow LER WHITE BURNETT e • 901 PHILLIPS POINT WEST, 777 SOUTH FLAOLER DRIVE, WEST PALM BEACH, FLORIDA 33401 • (561) 802.9044 EFTA01082310  IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMBAG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION FOR ENLARGEMENT OF TIME TO SERVE SECOND AMENDED COMPLAINT Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel, and pursuant to the Florida Rules of Civil Procedure, files this Motion for Enlargement of Time to Serve His Second Amended Complaint. The grounds for this motion are as follows: 1. The case was initially filed on December 7, 2009. 2. Fowler White Burnett entered the case on an Order Granting Substitution of Counsel dated June 10, 2010. 3. At the hearing in this matter on April 1, 2011, the Court ordered Epstein to amend his complaint, which was done. 4. On July 13, 2011, the Court dismissed the Amended Complaint and gave the Plaintiff thirty (30) days to amend; i.e., up to any including August 12, 2011. 5. The parties have conducted extensive settlement discussions in an effort to resolve this case and another related case without success. FOWLER WHITE BURNETT.. • 901 PHILLIPS POINT WEST, 777 SOUTH FLAMER DRIVE, WEST PALM BEACH, FLORIDA 33401. MD 802-9044 EFTA01082311  Epstein v Rothstein, Edwards Case No. 502009CA040800XXXXMBAG M/for Enlargement of Time to Serve Second Am Complaint 6. Epstein has engaged in reviewing other records which he believes are necessary for the Second Amended Complaint. A review of these records are extensive and time consuming. Since April I, 2011, essentially all discovery has been stayed by the Court. 7. Due to the settlement efforts and the time necessary to conclude review of these additional records, together with unexpected emergencies in other matters that have arisen, an additional ten (10) days are necessary for counsel to complete and serve the Second Amended Complaint. 8. There is no prejudice to the Defendants on granting this enlargement because the case is not yet set for trial. 9. Given the complexity of the case, the number of documents that had to be reviewed, and the desire of the Plaintiff to streamline the issues relating to privilege that may arise subsequent to the filing of this Second Amended Complaint, additional time is required. 10. The undersigned counsel certifies that this motion is made in good faith and not for the purpose of delay. 11. The undersigned further certifies that he will endeavor to continue to make an effort to resolve this matter without the need of a hearing. WHEREFORE, Plaintiff/Counter-Defendant Jeffrey Epstein requests this Court to grant his Motion for Enlargement of Time to Serve Second Amended Complaint by permitting Plaintiff to through and including August 22, 2011 to serve his Second Amended Complaint. -2- FOWLER WHITE BURNETT.. • 901 PHILLIPS POINT WEST, 777 SOUTH FLAGI.ER DRIVE, WEST PALM BEACH, FLORIDA 33401 • (561) 802-9044 EFTA01082312  Epstein v Rothstein, Edwards Case No. 502009CA040800XXXXMBAG M/for Enlargement of Time to Serve Second Am Complaint CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true_And correct copy of the foregoing has been duly furnished via lErrimail, ❑ Facsimile, VO.S. Mail, ❑ Hand Delivery, ❑ Federal Express this //'day of August, 2011 to: Jack Scarola, Esq. Searcy Denney Scarola Barnhart & Shipley, ■ Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, Marc S. Nurik, Esq. Law Offices of Marc S. Nurik Martin Weinberg, Es uire Winer Respectfully submitted, F • WLER WHITE BURNETT Attorneysfor Plaintiff/Counter-Defendant Jeffrey Epstein W:1807431MOTEXT2I -Motion fa Eel/4mM of Time to Save Second Am Complain-JLA.doex -3- Vow LER WHITE BUR.NETTE. • 901 PHILLIPS POINT WEST, 777 SOUTH PLAGLER DRIVE, WEST PALM BEACH, FLORIDA 33401 • (561) 802-9044 EFTA01082313  IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMBAG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, and.., individually, Defendants/Counter-Plaintiffs. AGREED ORDER ON PLAINTIFF/COUNTER-DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO SERVE SECOND AMENDED COMPLAINT THIS MATTER having come before the Court on Plaintiff/Counter-Defendant, Jeffrey Epstein's Motion for Enlargement of Time to Serve His Second Amended Complaint, pursuant to this Court's Order dated July 25, 2011. The parties having agreed to the entry of this Agreed Order and the Court having otherwise been fully advised, it is hereby ORDERED AND ADJUDGED that Plaintiff/Counter-Defendant, Jeffrey Epstein's Motion for Enlargement of Time to Serve his Second Amended Complaint is GRANTED and Plaintiff/Counter-Defendant, Jeffrey Epstein shall have through and including Monday, August 22, 2011 to serve the Second Amended Complaint. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida this day of August, 2011. David F. Crow, Circuit Judge Copies Provided to: All Counsel on Attached Service List EFTA01082314  Epstein v Rothstein and Edwards, etc. CASE NO. 502009CA040800XXXXMBAG AO on Epstein's M/Enlargement Time to Serve 2d Am Complaint SERVICE LIST Epstein v Rothstein - 502009CA040800XXXIMBAG Joseph L. Ackerman, Esq Jack Scarola, Esq. Scare Denne Scarola Barnhart & Shipley, .. Marc S. Nurik, Esq. Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, N. Martin G. Weinberg, Esq. .i i 2 EFTA01082315