EFTA00808583.pdf

Filing # 75541735 E-Filed 07/26/2018 11:08:16 AM 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, Defendants. RESPONSE IN OPPOSITION TO DEFENDANT JEFFREY EPSTEIN'S MOTION TO COMPEL COUNTER-PLAINTIFF BRADLEY J. EDWARDS TO IDENTIFY BATES NUMBERS OF DOCUMENTS PRODUCED Bradley J Edwards ("Edwards"), by and through undersigned counsel, hereby files this Response in Opposition to Defendant Jeffrey Epstein's Motion to Compel Edwards to Identify Bates Numbers of Documents Produced thereto, and as grounds therefor states as follows: In 2012, Edwards filed his privilege log in the underlying lawsuit filed by Jeffrey Epstein ("Epstein") against Edwards, Scott Rothstein, and victim ■. Although Epstein made some effort to challenge the privilege log in early 2012, he (through his prior counsel, Fowler White) eventually abandoned these discovery issues and instead chose to voluntarily dismiss all of his claims against Edwards on the eve of a summary judgment hearing, without ever having filed any opposition. As the barrage of recent motions demonstrates, Epstein's new trial counsel does not agree with Fowler White's litigation strategy decision in this matter. Now, six years later, after discovery has been closed since November 2017 and two (2) trial dates have been continued at the request of Epstein, Epstein's new trial counsel seeks to EFTA00808583 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Motion to Compel Identification of Bates Number. relitigate waived discovery issues in order to continue wasting Court resources and to ensure that no jury is ever impaneled to decide Edwards' malicious prosecution counterclaim. Epstein's newest tactic? Motion practice requesting that Edwards' counsel review discovery production in the underlying case that occurred over five years ago to "identify by Bates number the documents that [were] produced in this case." If Epstein's new trial counsel would like to know what Epstein's former trial counsel knew — which documents were produced to them in this case - they should contact the numerous prior attorneys that have represented Epstein in this proceeding. Or they should consult with their co-counsel, Jack Goldberger, Esq., who has been counsel of record for years in this case. In any event, it is simply not the responsibility of Edwards' counsel to perform document review for Epstein's trial counsel, of documents already reviewed by Edwards' counsel years ago. Moreover, Edwards has already specifically identified by bates number the 49 privileged documents that Epstein obtained in violation of a Federal bankruptcy court order and attempted to list as exhibits the week before the parties' March 13, 2018 trial date. Those documents are identified in the chart below, which was included in Edwards' Motion to Strike Epstein's Untimely Supplemental Exhibits and to Strike all Exhibits and Any Reference to Documents Containing Privileged Materials Listed on Edwards' Privilege Log, which the Court granted at the March 8, 2018 pre-trial hearing: Number of Privileged Emails Bates Numbers from Epstein's Bates Number/Range on in Epstein's Possession Untimely Supplemental Edwards' February 23, 2011 (49 TOTAL) Exhibit #13 Privilege Log 1 02645 02633-02646 1 00149 00149 2 EFTA00808584 Edwards adv. Epstein Case No. 502009CA040800)OOOO4BAG Response in Opposition to Epstein's Motion to Compel Identification ofBates Number. 1 01527 01527 1 04493 04491-04518 1 04494 04494 1 04495 04495 1 00014 00014 1 00090 00090 1 00133 00133 1 08006 08000-08011 1 00026 00026 1 01004 01003-01005 I 12289 12289 1 26481 26479-26481 I 26480 26479-26481 1 26356 26356 1 26570 26570 1 03731 03719-03736 3 06406-06408 06404-06408 1 01686 01686 3 11123-11125 11123-11136 1 11126 11126 1 25925 25925 25874 25874 1 11 145 11143-11146 3 EFTA00808585 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Motion to Compel Identification of Bates Number. 1 03191 03191-03196 5 04398-04402 04387-04402 5 04408-04412 04403-04416 1 267476 26741-26763 1 08042 08033-08070 1 26741 26741-26763 3 08059-08061 08033-08070 3 26756-26758 26741-26763 3 08036-08038 08033-08070 1 26762 26741-26763 1 01117 01112-01117 3 08121-08123 08118-08123 4 26749-26752 26741-26763 3 08128.08130 08124-08156 3 08118-08120 08118-08123 3 08131-08133 08124-08156 3 08124-08126 08124-08156 4 08135-08138 08124-08156 1 27494 27494 1 26760 26741-26763 1 25997 25997 1 25937 25937 2 26604-26605 26604-26605 4 EFTA00808586 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Motion to Compel Identification of Bates Number. 3 07019-07021 07019-07024 Lastly, the time-consuming exercise Epstein is requesting Edwards' counsel to perform is one that he can complete himself. It would require starting with the filed privilege log, which clearly indicates all documents by Bates number which were, at that time, withheld from production on the basis of an assertion of privilege. Later, a category of documents consisting of approximately 163 pages of emails on the privilege log were ordered to be produced and those documents were then produced. The combination of all Bates numbers not included on the privilege log plus the 163 pages that were later ordered to be produced comprises the universe of produced documents. Conclusion For the foregoing reasons, Plaintiff Bradley Edwards respectfully requests that the Court deny Epstein's motion. 5 EFTA00808587 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Motion to Compel Identification of Bates Number. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this at; day of July, 2018. JACK SCAROLA Florida Bar No.: KAREN E. TERRY Florida Bar No.: DAVID P. VITALE JR. Florida Bar No.: Attorney E-Mails: and Primary E-Mail: Searcy Denney Scarola Barnhart & Shipley, 2139 Palm Beach Lakes Boulevard West Palm Beach Florida 33409 Phone: Fax: Attorneys for Bradley J. Edwards 6 EFTA00808588 Edwards adv. Epstein • Case No. 502009CA040800)OOO(MBAG Response in Opposition to Epstein's Motion to Compel Identification of Bates Number. COUNSEL LIST Scott J. Link, Esq. Kara Rockenbach, Link & Rockenbach, 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Pho Fax: Attorneys for Jeffrey Epstein Jack A. Goldbe er, uire After ury oldberger & 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phon Fax: Attorneys for Jeffrey Epstein Nichole J. Se al, Es uire • Burlington & Rockenbach, 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Attorneys for Bradley J. Edwards Bradley J. Edwards, Es Esquire 425 N Andrews Avenue, Suite 2 Fort Pho Fax: EFTA00808589