gov.uscourts.nysd.447706.1218.35.pdf

Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 1 of 7 EXHIBIT 14 (Filed Under Seal) Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 2 of 7 Page 1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS, and PAUL G. CASSELL, Plaintiffs, vs. ALAN DERSHOWITZ, Defendant. ______________________________________/ TRANSCRIPT OF NON-PARTY VIRGINIA ROBERTS' EMERGENCY MOTION TO SEAL DATE TAKEN: December 18, 2015 TIME: 9:26 a.m - 9:45 a.m. PLACE: Broward County Courthouse 201 Southeast 6th Street Fort Lauderdale, Florida 33301 BEFORE: Thomas M. Lynch, IV, Circuit Court Judge This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were reported by: Michele Cameron Magna Legal Services 866-624-6221 Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 3 of 7 Page 23 1 negotiations between the parties. It is 2 without question that these were settlement 3 conversations. 4 I appreciate what he is trying to refer 5 to, this later mediation with Judge 6 Streitfeld. There is a mediation that has 7 gone on in the last couple of weeks with 8 Judge Streitfeld. These were confidential 9 settlement negotiations that started in May 10 and went up to the present; so to say that -- 11 THE COURT: I agree with you. I think 12 they're confidential settlement discussions. 13 I'm going to grant the Motion to Seal. 14 MS. MCCAWLEY: Thank you, Your Honor. 15 MR. SAFRA: Well, Your Honor -- 16 THE COURT: Over the strong objection of 17 the Defendant. 18 MR. SAFRA: Can I, for the record -- 19 MS. MCCAWLEY: Thank you. 20 MR. SAFRA: -- at least also reserve 21 that for the relief that needs to be shown 22 irreparable harm, death, or manifest injury, 23 and it's our position that that hasn't been 24 shown in the requested relief. 25 THE COURT: You don't think confidential Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 4 of 7 Page 24 1 settlement agreements should be sealed? I 2 know you don't think they are confidential 3 settlement agreements -- 4 MR. SAFRA: Well -- 5 THE COURT: -- but if they are, which 6 I've made that finding, you don't think they 7 should be sealed? 8 MR. SAFRA: Well, you're making the 9 finding that they were confidential 10 settlement -- 11 THE COURT: I am. 12 MR. SAFRA: -- but that wasn't at issue 13 here, and they haven't even filed the 14 opposition, and we have our Motion in Limine; 15 so you're ruling upon that when -- 16 THE COURT: No. I'm just sealing these 17 because I think they should be sealed. 18 MR. SAFRA: Okay. 19 THE COURT: Although, you know -- 20 MR. SAFRA: Take your words for the 21 future. 22 THE COURT: -- everyone is aware of -- 23 MR. SAFRA: Understood. 24 THE COURT: Well, everyone. Whoever 25 read the New York Times is aware of the Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 5 of 7 Page 25 1 situation; so I will grant the motion. 2 MR. SAFRA: For clarity, the Motion in 3 Limine, when that gets scheduled, is your 4 finding that it's a settlement 5 communication -- 6 THE COURT: I'll listen to any argument 7 anyone has on any issue. We're not doing 8 that today. 9 MR. SAFRA: Just the seal. 10 THE COURT: I'm available for hearings 11 anytime after the 3rd of January. 12 MR. SAFRA: And can I state, so you 13 don't get a disagreement where we end up back 14 before the Court -- just because I'm aware 15 and I want to raise -- 16 MS. MCCAWLEY: Right. 17 MR. SAFRA: -- it and so that you have 18 an opportunity, it is our position or my 19 client's position that these meetings 20 occurred in New York and that the sealing 21 would apply to the public filings and in 22 Florida. 23 MS. MCCAWLEY: Your Honor, if the intent 24 here is to continue to spew the confidential 25 settlement negotiations and have Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 6 of 7 Page 26 1 Mr. Dershowitz go to New York or other 2 locations to say these things again, I would 3 object to that. I think this Court needs to 4 be very stern in its response that these are 5 not appropriate to be disclosed. 6 THE COURT: Well, I think he is aware of 7 that. 8 MR. SAFRA: I'm aware, and I will convey 9 to my client. I think the Court's 10 jurisdiction is what is it, but I just wanted 11 to raise the issue and we will act in good 12 faith and, you know, do just like we did last 13 time, contact Mr. Boies to give opportunities 14 before anything happens. 15 MS. MCCAWLEY: Your Honor, I disagree 16 with that. I have no indication that 17 Mr. Boies was contacted about this in 18 advance. 19 THE COURT: Thanks. Nice to see you. 20 MS. MCCAWLEY: Thank you, Your Honor. 21 MR. SAFRA: Thank you, Your Honor. Have 22 a good weekend. 23 THE COURT: You, too. 24 MS. MCCAWLEY: I have a Proposed Order 25 with me. Do you want me to -- Case 1:15-cv-07433-LAP Document 1218-35 Filed 07/15/21 Page 7 of 7 Page 28 1 2 3 4 CERTIFICATE 5 STATE OF FLORIDA ) 6 COUNTY OF BROWARD ) 7 I, MICHELE CAMERON, Notary Public in and for 8 the State of Florida at Large, do hereby certify that 9 the case of BRADLEY J. EDWARDS, and PAUL G. CASSELL 10 are the Plaintiffs, and ALAN DERSHOWTIZ is the 11 Defendant, was heard before the Honorabe Thomas M. 12 Lynch, IV, as Judge, and that the foregoing pages, 13 numbered 1 to 28, inclusive, constitute a true and 14 correct transcription of the proceedings taken on 15 December 18, 2015. 16 WITNESS my hand and official seal in the City 17 of Fort Lauderdale, County of Broward, State of 18 Florida, this 18th day of December, 2015. 19 20 21 ________________________ MICHELE CAMERON 22 Notary Public, State of Florida at Large 23 My Commission Expires: 12-27-15 My Commission No.: EE152087 24 25