EFTA00622640.pdf

1 3 IN THE CIRCUIT COURT W THE 1 THE COURT: Announce your appearances FITMENT/I JUDICIAL CIRCUIT, IN for the Court, AND FOR PALM BEACH COUNTY, FLORIDA Case Pa. 502009CAO40B00/COM MR. SCAROLA: Jack Scarola on behalf of 4 Bradley Edwards, Your Honor. JEFFREY EPSTEIN, MR. BREWER: Chester Brewer on behalf Plaintiff, of Jeffrey Epstein. SCOTT ROTHSTEIN, individbally, MS. HADDAD: Tonya Haddad on behalf of BRADLEY SWARDS, individually, Jeffrey Epstein. Defendente/Covnter-Plaintlffe. I'm sorry. / 10 THE COURT: That's okay. You have a 11 little laryngitis? TRANSCRIPT OF PROCEEDINGS 12 MS. HADDAD: Yes. DATE TAKEN: Friday, September 15th, 2017 13 THE COURT: Not a problem. TINE: 9:51 a.m. - 9:56 a.m. MACE 205 N. Dixie Highway, Roca 10C 14 What I told you I would do is give you bum Pale Beach, Florida 25 a day. Has anything been filed since we BEFORE: Donald Betel*, Presiding Judge 26 last wore here? I know the acorn probably :7 interrupted -- Thie cause ewe on to be heard at the time and place 28 MR. SCAROLA: There have been some aforesaid, when and where the follwin0 proceedings were 29 filings, Your Honor. There aro notions to reported by: 20 compel responses to various discovery Sonja D. Sall 21 pleadings that wo have filed. There is a Palm Beach Reporting Service, Inc. 22 pending motion for summary judgment I have 1665 Pale Beach Lakes Boulevard, Suite 1001 West Pale Beech, FL 33401 29 drafted, but not yet filed. 24 HR. BREWER: Actually, you sent it. 25 MR. SCAROLA: Oh, did IT 2 4 1 MR. BREWER: Yeah. Mary got it out. 2 APPEARANCES: 2 The motion to strike. 1 For Plaintiff: , MR. SCAROLA: Okay. I filed the motion 4 SEARCY, DENNEY, SCAROLA, BARNHART I 4 to strike and notion for summary judgment SHIPLEY, P.A. 5 2139 Palm Beach Lakes Boulevard 5 for failing to include with sufficient West Palm Beach, FL 33409 , specificity the basis of the motion for 6 By JACK SCAROLA, ESQUIRE summary judgment. / For Jeffrey Epstein: e There Is also a motion directed to 8 K. CHESTER BREWER, JR., P.A. 250 S. Australian Avenue, Suite 33401 striking the affidavit of Mr. Epstein filed 9 West Palm Beach, FL 33401 :o in support of the motion. By W. CHESTER BREWER, JR., P.A., ESQUIRE 21 THE COURT: You had mentioned that to 10 22 me. 11 For Jeffrey EpeteLn: 12 19 MR. SCAROLA: Yes, sir. TONJA HADDAD, P.A. 315 S.E. 7th Street, Suite 301 14 And, obviously, our response to the 13 Fort Lauderdale, FL 33301 15 motion for sumnary judgment, as wall, which By TONJA HADDAD COLEMAN, ESQUIRE 16 Includes a variety of legal issues. 14 15 17 THE COURT: Can you be ready by 16 IS Tuesday, October 3rd? It sounds like it's 17 19 far, far away, but it's 18 days. 18 20 MR. BREWER: Right. Your Honor, wo 19 21 have been a little bit hampered. We 20 21 22 intended this week -- we were not able to. 22 23 No flied the motions in limine, as you 23 24 mentioned In our last mooting. 24 25 THE COURT: I anticipated there will be 25 Palm Beach Reporting Service, Inc. EFTA00622640  5 7 motions in /Amine in this case, correct. 1 the fishery council. 2 HR. BREWER: We have filed them in the 2 HR. SCAROLA: Well, that's just the past. They need to be updated and rattled, 3 filling deadline, isn't it? which we intend to, hopefully, this coming THE COURT: That would be the filling week. deadline. 6 THE COURT: Nr. Searola, your thoughts HR. BREWER: I'm sorry. I'm sorry. I 7 on the 3rd of October. thought you were talking about -- 0 HR. SCAROLA: Your Honor, I have a THE COURT: Ho, no, no. What I'm 9 special setting in a medical malpractice trying to do is figure out in my own mind -- 10 case to begin October 3rd to October 13th. 10 albeit somewhat clouded -- to give you a -- 11 However, I have just received a notice 11 essentially a briefing deadline schedule -- 12 of conflict from defense counsel, who is 12 motion deadline schedule that would 13 supposed to start a conflicting trial in 13 contemplate we are here on the 15th -- it 14 another jurisdiction prior to that special 14 will give you until the 25th to have 15 setting, so -- 35 whatever motion you want filed so that It. THE COURT: Is that here in Palm Beach 26 everything could be heard starting at 10:00 27 or somewhere else? 37 on the 3rd of October, okay? 18 MR. SCAROLA: It is somewhere else. 28 So that's what I am going to do. So 19 My trial is St. Luci0 County. His 29 all pending motions 10 a.m. -- now, p 20 trial is in a different jurisdiction. 10 don't hamstring mo. If you wouldn't mind, I 21 THE COURT: No, no, I didn't want to 21 would like everything here no later than the 22 get that specific. I just wanted to know if 22 2?th of September. I can live with the 22 that medical malpractice case was in Palm 22 28th. Me will make It the 28th. It's a 14 Beach County. 24 Thursday. It gives me that whole weekend to 25 HR. SCAROLA: I will also tell you 25 deal with it. Okay? 6 8 there's a mediation set in the Medical HR. SCAROLA: Just one clarification, malpractice case, so there's a possibility Your Honor. that that case is not going to go, in which THE COURT: Sure. case, I would very much like the October 3rd HR. SCAROLA: If the filing deadline date. for motions is September 25, is what Your THE COURT: Will either of you be Honor proposing a filing deadline of 7 hamstrung in terms of giving you that date? September 28th for responses to any motions 8 HR. SCAROLA: No, sir. In terms of filed by the 25th. 9 timing? THE COURT: Correct. It's the same 20 THE COURT: Yes, sir. :0 rule that I gave to others, and that is, a 21 HR. SCAROLA: No. Me have all of our Il motion in response. Nothing further, unless 22 pleadings ready. 22 it's requested by the Court, okay? 39 THE COURT: If you can have the motions 29 Thank you very much. Nice to see you. 34 in //mine done by next Friday, I think that 24 Have a good weekend. I appreciate your 35 gives plenty of time -- or even Monday, the 25 cooperation on both sides. 16 25th. 16 MR. SCAROLA: Thank you. 17 Mr. Scorpio has his group of attorneys, 17 MR. BREWER: Thank you, Your Honor. 10 you have your group of attorneys, so it's 10 19 not like I'm dealing with a singular 19 IThe above proceedings were 20 attorney on either side, who would be 20 concluded at 9:56 a.m.) 21 overburdened. 21 22 MR. BREWER: Your Honor, on 22 23 September 25th I am -- I have just been 23 24 notified I have to be present at a -- I'm a 24 25 representative for the State of Florida on 25 Palm Beach Reporting Service, Inc. EFTA00622641  9 1 COURT CERTIFICATE 2 3 a STATE OF FLORIDA ) : 33 3 COUNTY OF PALM BEACH ) i I I. SONJA D. HALL, certify that : '..az a authorized to and did stenographically report the $ foregoing proceeding. and that the transcript Is a 10 true record of ny stenographic note.. II 12 13 Dated this 15th day of &wencher 2027. II 15 14 SONJA D. HALL I/ 10 If 20 21 22 23 20 23 Palm Beach Reporting Service, Inc. EFTA00622642  10 A 5:6,16,21 6:6,10 going 6:3 7:18 mind 7:9,20 response 4:14 8:11 a.m 1:14,14 7:19 6:13 7:4,8 8:3,9 good 8:14 Monday 6:15 responses 3:20 8:7 8:20 8:12 9:1 group 6:17,18 motion 3:22 4:2,3,4 Right 4:20 able 4:22 4:6,8,10,15 7:12 Room 1:15 D H 7:15 8:11 ROTHSTEIN 1:8 affidavit 4:9 aforesaid 1:19 D 1:21 9:7,16 Haddad 2:12,13 3:7 motions 3:19 4:23 rule 8:10 albeit 7:10 date 1:14 6:5,7 3:7,12 5:1 6:13 7:19 8:5 Announce 3:1 Dated 9:13 Hafele 1:16 8:7 S anticipated 4:25 day 3:15 9:13 Hall 1:21 9:7,16 S 2:8 appearances 2:2 3:1 days 4:19 hampered 4:21 N S.E 2:12 appreciate 8:14 deadline 7:3,5,11.12 hamstring 7:20 N 1:15 Scarola 2:4,6 3:3,3 attorney 6:20 8:4.6 hamstrung 6:7 need 5:3 3:18,25 4:3,13 5:6 attorneys 6:17,18 deal 7:25 heard 1:18 7:16 Nice 8:13 5:8,18,25 6:8,11 Australian 2:8 dealing 6:19 Highway 1.15 notes 9:10 6:17 7:2 8:1,4,16 authorized 9:8 Defendants/Coun... Honor 3:4,19 4:20 notice 5:11 schedule 7:11,12 Avenue 2:8 1:9 5:8 6:22 8:2,6,17 notified 6:24 SCOTT 1:8 defense 5:12 hopefully 5:4 SEARCY 2:4 B DENNEY 2:4 O see 8:13 BARNHART 2:4 different 5:20 I obviously 4:14 sent 3:24 basis 4:6 directed 4:8 include 4:5 October 4:18 5:7,10 September 1:14 Beach 1:2,15,21,22 discovery 3:20 includes 4:16 5:10 6:4 7:17 6:23 7:22 8:5,7 1:22 2:5,5,9 5:16 Dixie 1:15 individually 1:8,8 Oh 3:25 9:13 5:24 9:5 Donald 1:16 intend 5:4 okay 3:10 4:3 7:17 Service 1:21 behalf 3:3,5,7 drafted 3:23 intended 4:22 7:25 8:12 set 6:1 bit 4:21 interrupted 3:17 overburdened 6:21 setting 5:9,15 Boulevard 1:222:5 E issues 4:16 SHIPLEY 2:4 Bradley 1:8 3:4 Edwards 1:8 3:4 P side 6:20 Brewer 2:8,9 3:5.5 either 6:6,20 J P.A 2:4,8,9,12 sides 8:15 3:24 4:1,20 5:2 Epstein 1:5 2:7,11 Jack 2:6 3:3 Palm 1:2,15,21,22 singular 6:19 6:22 7:6 8:17 3:6,8 4:9 Jeffrey 1:5 2:7,11 1:22 2:5,5,9 5:16 sir 4:13 6:8,10 briefing 7:11 ESQUIRE 2:6,9,13 3:6.8 5:23 9:5 somewhat 7:10 essentially 7:11 JR 2:8,9 pending 3:22 7:19 Sonja 1.21 9:7,16 C Judge 1:16 place 1:15,18 sorry 3:9 7:6,6 case 1:3 5:1,10,23 F judgment 3:22 4:4 Plaintiff 1:62:3 sounds 4:18 6:2,3,4 failing 4:5 4:7.15 pleadings 3:21 6:12 special 5:9,14 cause 1:18 far 4:19,19 JUDICIAL 1:1 please 3:2 7:19 specific 5:22 CERTIFICATE FIFTEENTH 1:1 jurisdiction 5:14.20 plenty 6:15 specificity 4:6 9:1 figure 7:9 possibility 6:2 SS 9:4 certify 9:7 filed 3:15,21,23 4:3 K present 6:24 St 5:19 Chester 2:8,9 3:5 4:9,23 5:2 7:15 know 3:16 5:22 Presiding 1:16 start 5:13 CIRCUIT 1:1,1 8:8 prior 5:14 starting 7:16 clarification 8:1 filing 8:4,6 L probably 3:16 State 6:25 9:4 clouded 7:10 filings 3:19 Lakes 1:22 2:5 problem 3:13 stenographic 9:10 COLEMAN 2:13 filling 7:3,4 laryngitis 3:11 proceedings 1:12,19 stenographically coming 5:4 fishery 7:1 Lauderdale 2:13 8:19 9:9 9:8 compel 3:20 FL 1:22 2:5,9,13 legal 4:16 proposing 8:6 storm 3:16 concluded 8:20 Florida 1:2,15 6:25 limine 4:23 5:1 6:14 Street 2:12 conflict 5:12 9:4 little 3:114:21 0 strike 4:2.4 conflicting 5:13 following 1:19 live 7:22 striking 4:9 contemplate 7:13 foregoing 9:9 Luck 5:19 R sufficient 4:5 cooperation 8:15 Fort 2:13 ready 4:17 6:12 Suite 1:22 2:8,12 Friday 1:14 6:14 M received 5:11 summary 3:224:4,7 correct 5:1 8:9 council 7:1 further 8:11 malpractice 5:9,23 record 9:10 4:15 counsel 5:12 6:2 refded 5:3 support 4:10 County 1:2 5:19,24 Nlary 4:1 report 9:8 supposed 5:13 9:5 give 3:14 7:10,14 mediation 6:1 reported 1:19 Sure 8:3 Court 1:1 3:1,2,10 gives 6:15 7:24 medical 5:9,23 6:1 Reporting 1:21 3:13 4:11,17,25 giving 6:7 meeting 4:24 representative 6:25 T go 6:3 mentioned 4:11.24 requested 8:12 TAKEN 1:14 Palm Beach Reporting Service, Inc. EFTA00622643 talking 7:7 25 8:5 tell 5:25 250 2:8 terms 6:7,8 25th 6:16,23 7:14 Thank 8:13,16,17 8:8 think 6:14 27th 7:22 thought 7:7 28th 7:23,23 8:7 thoughts 5:6 Thursday 7:24 3 time 1:14,18 6:15 3012:12 timing 6:9 315 2:12 told 3:14 33301 2:13 TONJA 2:12,13 33401 1:22 2:8,9 Tonya 3:7 33409 2:5 transcript 1.129:9 3rd 4:18 5:7,10 6:4 trial 5:13,19,20 7:17 true 9:10 trying 7:9 4 Tuesday 4:18 471-2995 1:23 U 5 updated 5:3 502009C4040800... 1:3 V 561 1:23 variety 4:16 various 3:20 6 vs 1:7 7 7th 2:12 W 2:8,9 want 5:21 7:15 8 wanted 5:22 week 4:22 5:5 9 weekend 7:24 8:14 9:51 1:14 West 1:15,22 2:5,9 9:561:14 8:20 wouldn't 7:20 X Y Yeah 4:1 0 1 10 7:19 10:00 7:16 1001 1:22 IOC 1:15 13th 5:10 15th 1:14 7:13 9:13 1665 1:22 18 4:19 2 20171:14 9:13 205 1:15 2139 2:5 Palm Beach Reporting Service, Inc. EFTA00622644