EFTA01126536.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY CIVIL DIVISION CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, etc., et al., Defendant(s). ORDER ON COUNTER-PLAINTIFF BRADLEY EDWARDS' MOTION TO DETERMINE STATUS OF PUNITIVE DAMAGE DISCOVERY AND APPLICABILITY OF ADVERSE INFERENCE THIS CAUSE came before the Court upon the Counter-Plaintiff, BRADLEY EDWARDS' Motion to Determine Status of Punitive Damage Discovery. The Court heard argument of counsel, has reviewed the submittals and is otherwise fully advised in the premises. At hearing, counsel for EDWARDS advised the Court that certain 'net worth" discovery in regard to the punitive damage count against EPSTEIN had been objected to on the basis of the constitutional privilege against self-incrimination. All other objections to such discovery had been withdrawn. As such, EDWARDS now seeks a ruling from the Court in regard to an adverse inference (presumption) jury instruction and evidence preclusion at the time of trial. Based upon the foregoing, it is CONSIDERED, ORDERED AND ADJUDGED as follows: To the extent that the issue of amount of punitive damages is submitted to the jury at the bifurcated trial of this matter, the Court rules as follows: 1. The Counter-Plaintiff EDWARDS' request for jury instruction adverse inference instruction is deferred until the time of trial. At the time of trial, upon specific analysis of the specific question and answers, including those propounded in discovery, the Court will determine whether an adverse instruction will, or will not, be given and the EFTA01126536 Epstein ti. Rothstein Case No. 502009CA0RD800XXXXMBAG Order Page 2 specific instruction, if any, that will be given. Counsel for the parties shall be prepared at trial to propose such jury instructions. 2. The Motion to Preclude Evidence is also deferred until the time of trial. At the time of trial, this Court will determine whether certain testimony and/or documents will be precluded based upon non-compliance with this Court's Pretrial Order and/or a Binger analysis conducted by the Court at the time of trial. 3. Nothing in this Order shall be construed in and of itself as precluding the use of any answers submitted by EPSTEIN during discovery at trial if they are otherwise admissible. DONE AND ORDERED this day of No Palm Beach, Palm Beach County, Florida. DAVID F. CROW CIRCUIT COURT JUDGE Copy furnished: See attached list. EFTA01126537 Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG COUNSEL LIST Jack Searcy Denney Scarola Barnhart & Shipley PA 2139 Palm Beach Lakes Boulevard West Palm Beach. FL 33409 Phone: Fax: Attorneys for Bradley J. Edwards William Chester BrewerEsquire 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Jack A. Goldbe er Es uire Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: Fax: Attorneys for Jeffrey Epstein Bradley J. Edwards, Esquire staff [email protected] Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, FL 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: Fax: d Haddad Esquire Fred Haddad, One Financial Plaza, Suite 2612 2 EFTA01126538  Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG Fort Lauderdale, FL 33394 Phone: Fax: Attorneys for Jeffrey Epstein Marc S. Nurik, Es Esquire Law Offices of Marc S. Nurik One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: Fax: Attorneys for Scott Rothstein Toni Haddad Coleman Es uire onja , . . 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Phone: Fax: Attorneys for Jeffrey Epstein EFTA01126539