EFTA00801479.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiffitounter-Defendant. CASE NO.: 50 2009 CA 040800XXXXMBAG vs. JUDGE: HAFELE SCOTT ROTHSTEIN, individually. BRADLEY J. EDWARDS, individually, Defendant/Counter-Plaintiff. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT/COUNTER- PLAINTIFF BRADLEY EDWARDs'S MOTION TO EXPAND NUMBER OF IN TRROGATORIES PlaintiffiCounter-Delendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rules 1.340 and 1.280 of the Florida Rules of Civil Procedure, hereby files his objections to Defendant/Counter-Plaintiff Bradley Edwards's (- Edwards- ) Motion to Expand the Number of Interrogatories' as follows: INTRODUCTION This case was first set for trial through the trial period commencing October 18. 2013. In accordance with this Court's Order setting Trial, Epstein filed his Trial Witness List and Exhibit List on or about June 24. 2013. Before trial, this Court granted Summary Judgment in favor of Epstein as to both counts of Edwards's Complaint against him for Abuse of Process and Malicious Prosecution. This Court's ruling as to the Malicious ' While Edwards erroneously states in his Motion that he may only serve 25 Interrogatories without leave of Court. the 1988 amendment to Rule 1.340 of the Florida Rules ofCivil Procedure increased the number of permitted interrogatories to 30. including all subparts. EFTA00801479 Prosecution count had been on appeal since that time, but this Court again had this matter set for trial in the fall of 2016. Pursuant to that Order Setting Trial, Epstein filed his Trial Witness List and Exhibit List, which was nearly identical to the one he filed in June 2013, on August 8, 2016. After Epstein served his August 8. 2016 Trial Witness List and Exhibit List, Edwards served Interrogatories upon Epstein, to which Epstein objected on two grounds: first, as exceeding the permitted number permitted by law without leave of court, and second, as impermissible as a matter of law. On May 25, 2017, Edwards filed a Motion to Expand Interrogatories and attached thereto two (2) sets of Interrogatories. alleging therein that "the use of written interrogatories is the least burdensome, least expensive and most expeditious discovery means available to the Defendant by which to obtain necessary information and narrow trial issues.- and that - Nile Plaintiff will not be prejudiced through the granting of this motion." See Edwards's Motion and Ethibits, attached hereto as Exhibit A. As demonstrated in detail below, permitting Edwards to expand his Interrogatories is impermissible and objectionable, and Edwards' motion should be denied.2. MEMORANDUM OF LAW '•It is well settled that the scope and limitation of discovery falls within the broad discretion of the trial court.- Cordis Corp. v. O'Shea, 988 So. 2d 1163, 1165 (Fla. 4th DCA 2008). However, interrogatories are not intended to be used for "exploring all minute details of a controversy." Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975). Most importantly, it is axiomatic that "one party is not entitled to prepare his case 2 By filing this Opposition. Epstein does not waive any right to assert any legal objections to the substance of the Interrogatories or request an order of protection as to any of the discovery requested. should the Court permit same. Tonja Haddad. P.A. • 315 SE 7th Street. Fort Lauderdale. FL 33301. 954.467.1223 EFTA00801480 through the investigative work product of his adversary when the same or similar information is available through ordinary investigative techniques and discovery procedures." Dodson v. Persell, 390 So.2d 704. 708 (Fla. 1980). See also Bishop by & through Adult Comprehensive Protective Services, Inc. v. Polies, 872 So. 2d 272, 274 (Fla. 2d DCA 2004) (interrogatory asking plaintiffs to identify each document or item they might offer as evidence at trial was overbroad and improperly sought information protected by work-product privilege). The case at bench has been pending since 2009, and the parties have engaged in exhaustive discovery throughout that time. Nevertheless, Edwards now seeks permission from the court to require Epstein to do his job for him. Specifically, Edwards is asking this Court to permit him to serve Epstein with the following Interrogatories: "As to every individual identified on Jeffrey Epstein's List of Trial Witnesses, state the following: 1. Each contested factual issue expected to be addressed by the witness: 2. A detailed description of the testimony expected to be presented at trial by the witness as to each contested factual issue; 3. A description of the Trial Exhibit List number of each exhibit expected to be introduced into evidence by thewitness; 4. A description of the Trial Exhibit List number of each exhibit introduced through other means which the witness is expected to testify about, together with a description of the witness expected testimony regarding each exhibit." See Exhibit A. (First Additional Set of Interrogatories attached to Edwards's Motion). As this Court is aware. Edwards' list of trial witnesses improperly identifies 3 ronja Haddad. P.A. • 315 SE 7th Street. Fort Lauderdale. FL 33301.954.467.1223 EFTA00801481 intended witnesses by categories, rather than providing specific witnesses identified by their proper names. The vague and deliberately uninformative categories Edwards uses in his witness list, include "anyone named in any deposition or discovery responses; all victims identified in the local, state and federal investigations; all attorneys who have prosecuted claims against Jeffrey Epstein on behalf of other victims; all other named victims; all persons referenced in Edwards' Motion for Summary Judgment.; " Epstein, on the other hand, filed a witness list separately and specifically identifying seventy-four (74) individual witnesses by name. Although Edwards does not specify any subparts to his interrogatories, and on the face of them he only appears to make four (4) requests. Edwards is, in fact, making these four separate detailed requests about each of Epstein's seventy-four (74) named witnesses. Edwards has known the identity these witnesses since at least 2013 when Epstein filed his first witness list, and accordingly this request is impermissible. See Slatnick v. Leadership Housing Systems of Florida. Inc.. 368 So. 2d 78 (Fla. 4th DCA 1979) (stating in response to one interrogatory that "this question alone, relative to 18 condominium buildings, might take a week to answer. It is difficult to imagine how the author of these particular interrogatories could have possibly conjured up a more oppressive and burdensome collection."); Greyhound Lines. Inc. v. Jackson, 445 So. 2d 1107 (Fla. 4th DCA 1984). Next, Edwards's Interrogatories undeniably seek Epstein's protected work product. In SurfDrugs. Inc. v. Vermette. 236 So. 2d 108 (Fla. 1970), the Florida Supreme Edwards' list of trial witnesses fails to comport with the applicable Rules as well as the Court's Order in that it fails to identify names or addresses of any of the alleged witnesses in the vague witness categories provided by Edwards. and despite specific requests by Epstein for Edwards to do so. Edwards has failed to rectify this issue since 2013. This violation is the subject of a separate Motion that is still pending before this Court. 4 Tonja Haddad. P.A. • 315 SE 71h Street. Fort Lauderdale. FL 33301. 954.467.1223 EFTA00801482 Court provided this general definition of what constitutes work product: "personal views of the attorney as to how and when to present evidence, his evaluation of its relative importance, his knowledge of which witness will give certain testimony . . . come within the general category of work product." Id. at 112 (emphasis added). See also FLA. R.Civ. P. 1.280(bX2); Southern Bell Tel. & TeL Co. v. Deason, 632 So. 2d 1377 (Fla. 1994). In his Interrogatories, Edwards requests that Epstein provide for each of Epstein's separately named witnesses "a detailed description of the testimony expected to be presented at trial by the witness as to each contested factual issue; a description of the Trial Exhibit List number of each exhibit expected to be introduced into evidence by the witness; a description of the Trial Exhibit List number of each exhibit introduced through other means which the witness is expected to testify about, together with a description of the witness' expected testimony regarding each exhibit." See Exhibit A. These Interrogatories are, unquestionably, demanding protected work product as defined by the Florida Supreme Court. Vermette. 236 So. 2d at 112. "The rationale supporting the work product doctrine is that 'one party is not entitled to prepare his case through the investigative work product of his adversary where the same or similar information is available through ordinary investigative techniques and discovery procedures.— MillardMall Servs.. Inc. v. Bolda, 155 So. 3d 1272, 1274-75 (Fla. 4th DCA 2015) (citing S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377, 1384 (Fla. 1994) (emphasis added)). Finally, the second set of Interrogatories attached to Edwards's Motion impermissibly seek Net Worth Discovery from Epstein; discovery about which the parties have already extensively litigated. and to which Epstein already provided 5 Tonja Haddad. P.A. • 315 SE 7d' Street. Fort Lauderdale. FL 33301. 954.467.1223 EFTA00801483 responses on July 10. 20134. A true and correct copy of the Interrogatories. as well as the certificate of service for the answers to same. is attached hereto as composite "Exhibit Consequently, and for all of the reasons set forth above, Edwards' Motion is improper and should be denied. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all panics listed below, via Electronic Service, this June 28, 2017. /s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OF TONJA HADDAD, PA 315 SE 71" Street Suite 301 Fort le, Florida Epstein does not waive any right to assert any substantive legal objections or request an order of protection as to any of the discovery requested. should the Court permit same. 6 Tonja Haddad. P.A. • 315 SE 71" Street. Fort Lauderdale. FL 33301. 954.467.1223 EFTA00801484  SERVICE LIST CASE NO. 502009CA040800XXXXMBAG Jack Scarola, Esq. Scatty Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach. FL 33409 Jack Goldberger, Esq. Atterbury, Goldberger, & Weiss. PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Bradley J. Edwards. Esq. Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale. Florida 33301 Fred Haddad. Esq. 315 SE Th Street. Suite 301 Fort Lauderdale, FL 33301 Tonia Haddad Coleman. Esquire Law Offices of Tonja Haddad, P.A. 315 SE 7th Street. Suite 301 Fort Lauderdale, FL 33301 Attorneys for Jeffrey Epstein W. Chester Brewer. Jr. One Clearlake Center Suite 1400 250 Australian Avenue South West Palm Beach. Florida 33401 7 Tonja Haddad, P.A. • 315 SE 7" Street. Fort Lauderdale, FL 33301. 954.467.1223 EFTA00801485  FACT WITNESS INTERROGATORIES TO JEFF REY EPSTEIN As to every individual identified on Jeffrey Epste in's List of Trial Witnesses, state the following: 1. Each contested factual issue expected to be addressed by the witness; ANSWER: 2. A detailed description of the testimony expected to be presented at trial by the witness as to each contested factual issue; ANSWER: 3. A description of the Trial Exhibit List number of each exhibit expected to be introduced into evidence by the witness; ANSWER: 4. A description of the Trial Exhibit List number of each exhib it introduced through other means which the witness is expected to testify about, together with a description of the witness' expected testimony regarding each exhibit; ANSWER: EXHIBIT A EFTA00801486  Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG Bradley J. Edwards Fact Witness Interogs to Epstein Page 2 of 5 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. (SEAL) (Notary signature) (Notary name - print) NOTARY PUBLIC, State ofFlorida (Serial number, if any) 2 EFTA00801487  NET WORTH NTERROGATORIES TO JEFFREY EPSTEIN 1. What is your full name? 2. How are you currently employed? 3. State the amount of your current salary and describe all additional benefits of employment including bonuses, allowances, pension and profit sharing participations, stock options, deferred compensation, insurance benefits and other prerequisites of your employment including the dollar amount or dollar value of each during the twelve months preceding your receipt of these interrogatories. 4. If you own or have any beneficial interest in any stocks, bonds, mutual funds, or other securities of any class in any government, governmental organization, company, firm or corporation, whether foreign or domestic, please state: (a) The name and address of the entity in which you own or have any beneficial propriety or security interest of any sort; EXHIBIT B EFTA00801488 Case No.: 502009CA040800XXXXMBAG Notice of Serving Net Worth Interrogatories (b) The serial number of each bond, share, stock certificate or other evidence of ownership or security; (c) The current fair market value of each such interest; (d) The manner in which such value was calculated. 5. As to each federal income tax return filed by you or on your behalf for the years 2011 through and including 2016, identify as specifically as identified in your tax return the source of all reported income and the separate amounts derived from each source 6. For each parcel of real property in which you hold any interest, state: (a) The address, 2 EFTA00801489 Case No.: 502009CAD40800XXXXMBAG Notice of Serving Net Worth Interrogatories (b) The legal description of the property; (c) The assessed value of the property for tax purposes; (d) The date and price of acquisition; (c) Whether, when, and at what amount the property has been appraised since the time of purchase: (0 Whether, when, and at what price the property has been offered for sale since the time of purchase: 3 EFTA00801490 Case No.: 502009CA040800XXXXMBAG Notice of Serving Net Worth Interrogatories (g) The name and address of each real estate agent with whom the property has been listed for sale since the time of purchase; (h) The cost of any improvements made to the property since purchase; (i) The nature of your interest in the property. 7. List each item and state the estimated value of all personal property in which you have an interest which personal property was acquired at a cost in excess of $5,000 or which personal property has an estimated present value in excess of $5,000, and as to each state: (a) The date of acquisition; (b) The cost of acquisition; 4 EFTA00801491 Case No.: 502009CA040800XXXXMBAG Notice of Serving Net Worth Interrogatories (c) The current estimated fair market value; (d) The manner in which the fair market value was estimated. 8. If any of the real or personal property owned by you, either individually, jointly or otherwise, is encumbered by either a real estate mortgage, chattel mortgage, or any other type of lien, then for each item of property, state a description of the nature and amount of the encumbrance, the date the encumbrance arose, whether the encumbrance is evidenced by any written document and, if so, a description of that document. 9. If you have an ownership interest in any businesses, for each business state: (a) The name and address of the business; 5 EFTA00801492 Case No.: 502009CA040800X)OCXMBAG Notice of Serving Net Worth Interrogatories (b) The present book value and the present market value of your interest in the business, and its percentage of the total value of the business; (c) A description of the manner in which the stated fair market value was calculated. 10. Identify all banks, credit union and savings and loan accounts, in which you have an interest or right of withdrawal and for each account state: (a) Where the account is located; (b) The highest and lowest balance in the account during the 40 day period immediately preceding your receipt of these interrogatories. 6 EFTA00801493 Case No.: 502009CA040800XXXXMBAG Notice of Serving Net Worth Interrogatories 11. Identify all other assets of a value in excess of $5.000 which assets were not previously identified and as to each state: (a) The date of acquisition; (b) The cost of acquisition; (c) The current estimated fair market value; (d) The means utilized to estimate the current fair market value. 12. Identify all other liabilities not previously identified and as to each state: 7 EFTA00801494 Case No.: 502009CA040800)OOOCMBAG Notice of Serving Net Worth interrogatories (a) The date the liability arose: (b) The amount of the liability at inception; (c) The terms of repayment or satisfaction; (d) The current outstanding balance. 13. State your year end net worth for each of the past 5 years and your best estimate of your present net worth. 8 EFTA00801495  Case No.: 502009CA040800XXXXMBAG Notice of Serving Net Worth Interrogatories STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who did did/ not take an oath. (SEAL) (Notary signature) (Notary name - print) NOTARY PUBLIC, State of Florida (Serial number, if any) 9 EFTA00801496 JEFFREY EPSTEIN, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN Plaintiff, AND FOR PALM BEACH COUNTY, FLORIDA VS. SCOTT ROD{STEIN, individually, CASE NO.502009CA040800)00004BAG BRADLEY J, EDWARDS, Individually, and individually. Defendants. JEFFREY EPSTEIN'S NOTICE OF SERVING UNVERIFIED AMENDED ANSWERS TO DEFENDANT BRADLEY EDWARDS'S INTERROGATORIES Plaintiff Jeffrey Epstein, by and through his undersigned counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby certifies that the original amended answers to Defendant's Interrogatories was served upon Defendant via electronic service this July 10, 2013. /s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OF IOWA HADDAD, PA 315 SE 7.1 Street Suite 301 Fort Lauderdale, Florida 33301 954.467.1223 954.337.3716 (facsimile) EFTA00801497