EFTA00795920.pdf

Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION www.flsb.uscourts.gov IN RE: CASE NO.: 09-34791-RBR ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER 11 Debtor. BRADLEY EDWARDS' MOTION TO RESCHEDULE SHOW CAUSE HEARING SET FOR AUGUST 23.24, 2018 Bradley J. Edwards ("Edwards"), by and through undersigned counsel and pursuant to the Court's Order to Show Cause Why Fowler White and Jeffrey Epstein Should Not Be Held in Contempt and Scheduling Evidentiary Show Cause Hearing, hereby files this Motion to Reschedule Show Cause Hearing Set for August 23-24, 2018, and states as follows: The Show Cause Order On April 19, 2018, the Court entered its Order to Show Cause Why Fowler White and Jeffrey Epstein Should Not Be Held in Contempt and Scheduling Evidentiary Show Cause Hearing (the "Show Cause Order"). In the Show Cause Order, the Court scheduled an evidentiary hearing for August 23 and 24, 2018, in which Jeffrey Epstein and his prior counsel, Fowler White. are required to show cause as to why they should be not be held in contempt of Court. The Evidentiary Hearing Should Be Rescheduled i. Depositions The Show Cause Order permits Edwards to take the deposition of Jeffrey Epstein, Fowler White, and Link & Rockenbach with regard to "the allegations of federal civil contempt regarding the alleged discovery violations of the Agreed Order." Order at p. 5. The parties diligently worked to set these depositions, and after coordinating the schedules of all six (6) attorney/law firms I EFTA00795920  Case 09-34791-RBR Doc 6418 Filed 08/10/18 Page 2 of 7 representing the various parties in this matter, the three (3) depositions were set for July 29, 2018. Unfortunately, Mr. Epstein had an apparent medical conflict and requested that his deposition be rescheduled. This rescheduling necessitated the rescheduling of all depositions, as Edwards desires to depose Mr. Epstein before the corporate representatives of the two law firms are deposed. After additional schedule coordination, the depositions were agreed to be reset for August 17th. Given that this is only one (1) week before the scheduled hearing, Edwards will not have sufficient time conduct any additional discovery or take additional depositions that may be needed, depending on the testimony derived from these depositions. Paper Discovery Given the evidentiary nature of the Show Cause hearing, and the fact that the parties are required to exchange exhibit binders prior to the hearing, Edwards' included duces tecwn requests in his deposition notices to Mr. Epstein, Fowler White, and Link & Rockenbach. All three parties, however, have taken the position that no paper discovery is permitted in this case. Specifically, Fowler White filed an Objection to Re-Notice of Deposition Duces Tecum (DE 6399) and Motion for Protective Order [DE 6409] and Epstein filed a Responses and Objections to the Notices of Taking Video Deposition Duces Tecum of Epstein [DE 6388]. Apparently, their position is that Edwards (and Farmer Jaffe and the Intervenors) are limited to deposition testimony only and have no ability to test the credibility of that sworn testimony through impeachment by documents adduced in discovery. Edwards does not believe that was the Court's intention, particularly given the requirement in the Show Cause Order that the parties exchange exhibit binders in advance of the hearing. If no document discovery is permitted, what exhibits will the parties be exchanging? As these Objections were not set sun sponte by the Court, Edwards is in the process of setting them for hearing at the first available date. 2 EFTA00795921  Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 3 of 7 iii. Bradley Edwards' Recent Surgery In addition to the delay in scheduling depositions (through no fault of Edwards) and the outstanding objections to Edwards' duces tecum requests, Bradley Edwards recently had surgery in New York and has only recently been cleared to fly and return home. Mr. Edwards will be unable to fully participate in the evidentiary hearing as scheduled. Given that Mr. Edwards, along with being a party, represents Farmer Jaffe, his medical condition alone necessitates rescheduling of the Show Cause hearing. iv. The Show Cause Hearing Will Likely Require Only One (1) Day The parties have recently exchanged correspondence regarding the length of the proposed Show Cause Hearing, as it is Edwards' position that only one (1) day is required. Edwards reasonably believes that this view is shared by, at a minimum, Fanner Jaffe and the Intervenors. Thus, rescheduling will conserve Court resources, as a single day should be sufficient. Conclusion Given the foregoing, Edwards respectfully requests that the Court reschedule the Show Cause hearing until the latter part of September or early October, or at any other time that is convenient for the Court. Edwards suggests that one (1) day will be sufficient. I HEREBY CERTIFY that, pursuant to L.R. 9011-4(B) the undersigned counsel is qualified to practice before this Court. I HEREY CERTIFY that a true and correct copy of the foregoing was served on electronically to the examinee, the debtor, the attorney for the debtor, the trustee, all CM/ECF subscribers, and by email or U.S. Mail on those parties listed on the attached service list this 10`h day of August, 2018. 3 EFTA00795922  Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 4 of 7 I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the Southern District of Florida and I am in compliance with the additional qualifications to practice in this court set forth in Local Rule 2090-1(A). Is/ David P. Vitale Jr. Jack Scarola Florida Bar No.: David P. Vitale, Jr. Florida Bar No.: Attorney E-Mails: Attorneys for Bradley J. Edwards 4 EFTA00795923  Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 5 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 10, 2018, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certified that the foregoing document is being served this day on all counsel of record or pro se parties identified on the on the attached Service List in the manner specified, either via tr ansmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ David P. Vitale Jr. DAVID P. VITALE JR. Florida Bar No.: 115179 Primary Searcy Denney S-car•717Brh m art &S ard Attorneys for Bradley J. Edwards 5 EFTA00795924  Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 6 of 7 SERVICE LIST Joseph L. Ackerman, Jr., Esq. Fowler White Burnett. P.A. Scott J. Link, Esq. Link & Rockenbach, P.A. ttorneys for Jeffrey Epstein Jack A. Goldberger, Esquire [email protected]; [email protected] • , P.A. 1400 Attorneys for Jeffrey Epstein Phil Burlington, Esq. Nichole J. Segal, Esquire ppellateLaw.com Attorneys for Bradley J. Edwards EDWARDS POTTINGER LLC Bradley J. Edwards FLBN 54207 Brittany N. Henderson FLBN 118247 EFTA00795925  Case 09-34791-R BR Doc 6418 Filed 08/10/18 Page 7 of 7 Attorneys for Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. Jay Howell Jay Howell & Associates Florida Bar No. Attorney E-Mail(s) Paul G. Cassell S.J. Quinney College of Law at the University of Utah (above for address purposes only) Attorney E-Mail: Attorneys for L.M., E.W., and Jane Doe EFTA00795926