EFTA00801868.pdf

EXHIBIT B 8 5:04 PM, Clerk, Ranh District Court of Appeal SUPPLEMENT TO MOTION TO STRIKE EFTA00801868 Filing # 68933125 E-Filed 03/07/2018 02:39:38 PM 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. SUPPLEMENT TO 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 Counter-Plaintiff Edwards, by and through undersigned counsel, hereby files this Supplement to his 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, and in support states as follows: 1. On March 7, 2018, in the wake of extensive communications between counsel in this matter regarding the source of the untimely Supplemental Exhibits improperly obtained and publicly filed by Epstein, the undersigned received a hand-delivered communication from counsel for Epstein enclosing "a flash drive which duplicates the disc we located in Fowler White's files." 2. The enclosed flash drive contained three separate files respectively labeled: 1) "Bradley Edwards.pdf' containing 8,507 pages of documents, 2) "Epstein Searches.pdf" containing 17,348 pages of documents, and 3) "Scott Rothstein.pdf' containing 1,687 pages of EFTA00801869 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Supplement to 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 documents. The format provided clear indication that these emails were obtained prior to Farmer Jaffe Weissing Edwards Fistos & Lehrman reviewing and preparing a privilege log. In fact, the files were last modified on December 8, 2010, well before Edwards filed his 2011 Privilege Log. 3. Upon further investigation, it has been determined that the documents wrongfully in the possession of Epstein were originally formatted in the way described above by the law firm of Berger Singerman, as counsel for the Trustee of Rothstein Rosenfeldt Adler ("RRA") in the Federal Bankruptcy proceeding litigated before United States Bankruptcy Court Judge Raymond B. Ray in case 09-34791. 4. The subject documents were prepared by Berger Singerman in that exact format for the sole purpose of allowing Farmer Jaffe to review the documents in 2010 to determine whether applicable privileges applied to any or all of the communications. See Judge Ray's Order below. 5. It is also now clear where Epstein got the CD containing Edwards' privileged materials. Specifically, on November 30, 2010, Judge Ray entered an explicitly worded Order (attached as Exhibit 'A') concerning the documents that Epstein is attempting to improperly use on the eve of trial. [DE 1194]. 6. Judge Ray's Order states in pertinent part: [T]he law firm of Fowler White Burnett, P.A., will print a hard copy of all of the documents contained on the discs with Bates numbers added, and will provide a set of copied, stamped documents to the Special Master and an identical set to Farmer, who will use same to create its privilege log . . . Fowler White will not retain any copies of the documents contained on the discs provided to it, nor shall any images or copies of said documents be retained in the memory of Fowler White's copiers. Should it be determined that Fowler White or Epstein retained images or conies of the subject documents on its computer or otherwise, the Court retains jurisdiction to award sanctions in favor of Farmer, Brad Edwards or his client. 2 EFTA00801870 Edwards adv. Epstein Case No. 502009CA040800XXMCMBAG Supplement to 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 7. Epstein's counsel, Fowler White, therefore disregarded Judge Ray's Order and Epstein's trial counsel failed to take reasonable and appropriate steps to determine where, when, and how the documents were obtained, instead choosing to inject clearly privileged materials into the public record and repeatedly refusing to destroy those identified on Edwards' 2011 Privilege Log. 8. While Plaintiff fully intends to bring this flagrant disregard of the Federal Court's Order to the attention of Judge Ray as well as all other appropriate authorities and governing bodies, Plaintiff further moves this Court to take all necessary and appropriate action to adequately protect the confidential, privileged information contained within the documents discussed in Edwards' underlying Motion to Strike. 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 7th day of March, 2018. JACK OLA Flo ar No.: 169440 P. VITALE JR. F,'. da Bar No.: Attorne E-Mails: • and Primary E-Mail: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone Fax: Attorneys for Bradley J. Edwards 3 EFTA00801871 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Supplement to 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 COUNSEL LIST Scott J. Link, Esq. Link & Rockenbach, P.A. 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: Fax: Attorneys for Jeffrey Epstein Jack A. Goldber er, Es uire Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: Fax: Attorneys for Jeffrey Epstein Nichole J. Se al, Es uire • Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: i Attorneys for Bradley J. Edwards Bradle J. Edwards, Es uire 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: Fax: x: EFTA00801872  Case 09-34791-RBR Doc 1194 Filed 11/30/10 Page 1 of 2 ORDERED isle Southern District of Florida on 91) 1 O dorgi)D,J#267a, Raymond B. Ray. Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Fort Lauderdale Division www.11sb.uscourts.ov IN RE: CASE NO.: 09-34791-RBR ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER 11 Debtor. AGREED ORDER CANCELLING HEARING ON MOTION FOR RELIEF FROM AMENDED ORDER (DE 1068) AND TO COMPEL JEFFREY EPSTEIN TO PAY FOR THE PRODUCTION OF ALL DOCUMENTS IN RESPONSE TO HIS REQUESTS FILED BY INTERESTED PARTY FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, M ; The Motion for Relief From Amended Order a. #1068) and to Compel Jeffrey Epstein to Pay for the Production of All Documents in Response to his Requests filed by Interested Party Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman,. ("Farmer"), was adequately resolved by agreement of the parties as follows. The law firm of Fowler White Burnett, P.A., will print a hard copy of all of the documents contained on the discs with Bates numbers added, and will provide a set of copied, stamped documents to the Special Master and an identical set to Farmer, EFTA00801873  Case 09-34791-RBR Doc 1194 Filed 11/30/10 Page 2 of 2 CASE NO.: 09-34791-RBR who will use same to create its privilege log. Farmer agrees to prepare that portion of the privilege log relating to emails on or before December 15, 2010, with the remaining portion due thirty days from the date of this order, subject to other court orders.Fowler White will not retain any copies of the documents contained on the discs provided to it, nor shall any images or copies of said documents be retained in the memory of Fowler White's copiers. Should it be determined that Fowler White or Epstein retained images or copies of the subject documents on its computer or otherwise, the Court retains jurisdiction to award sanctions in favor of Farmer, Brad Edwards or his client. As such, the Motion for Relief is deemed moot, and, the hearing set on the Motion for Relief (■. 1146] set for November 30, 2010 is hereby cancelled. The court reserves jurisdiction to tax fees and costs related to the preparation of the privilege log upon filing of a proper motion and hearing thereon. # # Submitted by: Seth Lehrman, Esq. FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, •. 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 Tel.: 954-524-2820 Fax: 954-524-2822 a setl Seth Lehrman, Esq. who is directed to serve this Order to allparties ofinterest and tofile a Certificate ofService. EFTA00801874